Posted on 02/28/2005 1:47:24 PM PST by TAdams8591
VICKIE CHACHERE
Associated Press
TAMPA, Fla. - Terri Schiavo's parents asked a Pinellas court judge Monday to allow her to divorce her husband - in either life or death - in a court filing accusing Michael Schiavo of adultery and not acting in his wife's best interests.
The filing was one of a flurry of 15 motions filed by Bob and Mary Schindler as they now have less than three weeks to find a legal way to keep their severely brain-damaged daughter alive.
Terri Schiavo is scheduled to have the feeding tube that has kept her alive for 15 years removed March 18 unless her parents can convince an appeals court to block Michael Schiavo again. Michael Schiavo says he will have the tube pulled because his wife once told him she would never want to be kept alive artificially.
David Gibbs, the Schindler's attorney, said Pinellas Circuit Court Judge George Greer has indicated he will not hear the divorce request and five other motions filed Monday - but that only means that the matters are now on their way to being appealed to the 2nd District Court of Appeal in Lakeland........
Terri Schiavo's parents ask judge to let her divorce husband
(Excerpt) Read more at miami.com ...
A Catholic annulment has no bearing on a civil divorce.
As far as a civil divorce or annulment, someone would have to see if she would be able to. There is certain criteria that has to be met.
If you think that "you can bet" should serve as a basis for legal decisions on the wishes of one who is unable to convey those wishes, then you are stupid and ill-informed.
The evidence Michael presented was as much hearsay as the divorce question. The "evidence" MS presented was in fact contradicted. It was hearsay period. The judge chose to believe MS version of the story.
I agree with you completely that there is no place in the courtroom for hearsay. Unfortunately in this case it is specifically hearsay that may sentence this woman to death.
Ah, this is the dilemna and the key to understanding the mistake Judge Greer has made. He has granted to Terri's Husband the power-of-attorney for purposes of the termination of life. OK, I think in general we want our spouses, not our other family members, to take that role.
But this new motion contains facts which suggest a reasonable expectation that the wife would want to take action against the husband. With a question raised involving the husband as the opponent, and with the wife incapacitated, the law would require the appointment of an independent advocate for the possible plaintiff, which would make an argument for the plaintiff before a judge.
But in this case the Judge has ruled that he is Terri's guardian for this purpose. The law of course does not expect judges to be advocates, but rather to be the adjudicators. By being both the advocate and juror, the judge has eliminated a legal safeguard.
We certainly can't take Michael's word that Terri would approve of him living with another woman without wanting a divorce. That is an issue which needs to be decided by a court after hearing testimony, a case in which both sides are represented by council. Since Judge Greer refuses to allow Terri to have her own council, he has in effect prevented her from exercising her rights under Florida Law.
If the parents could figure out a way to get Terri to another state, they could get a lawyer in that state to file in that state's court for a divorce. Then we would have two states fighting over jurisdiction in a divorce case, along with a kidnapping case.
Charles
Terri's friend and co-worker Jackie Rhodes testified that Terri had discussed divorce from Michael with her, and that the two were planning to share an apartment. Haven't you done any of your homework? If you had, you would know this by now. It's not exactly new information.
Maybe Terri did tell Michael she didn't want to be kept alive. Maybe she doesn't want your "help." You'll never know.
Terri's friend said it. I am sure there is someone who knows exactly where to find the quote.
Bingo!
Go away please!
Unfortunately, Terri's parents couldn't get her to another state without being charged with kidnapping.
If this 'legal' system allows Terri to be starved to death, it's time to scrap it!
Wrong, wrong, wrong.
There are plenty of states that grant divorces on the basis of adultery.
Not all states have adopted the "no fault" statutes.
Alsok you don't seem to be able to read the posts, or are deliberately ignoring (for meaningless arguing), to see that all of us in support of Terri are seeking a judge who will READ the petitions/briefs brought before it.
It is the right of every citizen to bring a court petition and the RIGHT to have that petition heard in full.
Greer rejects them without examining one shred of documentation. He has been doing it all along and he and the rest of the death-camp Nazi's say "that matter was already before the court, blah blah blah", knowing full well it wasn't even HEARD. When the appeals work there way up the chain, no one will hear is saying its already been heard. This is one of the biggest crocks of this whole mess!!
You live with your head in the sand.
I doubt the state of Florida allows bigotry. And the state would be forced to press charges against him too. I know, this is way out - but sometimes desperate measures yeild results. Just wondering.
Exactly!!!!!
You're so cute the way you say "cereal" killer.
Greers picture looks like is belongs on a milk carton, or he could be the cereal box cover for "Serial Killers cereal...the breakfast of death camp warriors".
Excellent point! How low does the legal system have to sink before some people realize, it may no longer be worth keeping!
Can you read? The assertion was that a divorce for adultery would be "automatic" - and that just ain't the case.
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