Terri Schiavo's family have been denied all visitation per Terri's sister

[kcvl]

Per Fox News...

[Hildy]

LOL! Sounds good to me!

[Mo1]

I believe the house bill was ammended .. that the Senate would not go along with the House version

[Howlin]

Excuse me?

[Brytani]

Florida statute has no provision for common-in-law marriage. In fact, State statute makes cohabitating with another person while still married a crime.

Educate yourself please - here are the relevant statutes.

The 2004 Florida Statutes

Title XLIII
DOMESTIC RELATIONS Chapter 741
MARRIAGE; DOMESTIC VIOLENCE View Entire Chapter

741.211 Common-law marriages void.--No common-law marriage entered into after January 1, 1968, shall be valid, except that nothing contained in this section shall affect any marriage which, though otherwise defective, was entered into by the party asserting such marriage in good faith and in substantial compliance with this chapter.

History.--s. 1, ch. 67-571.


The 2004 Florida Statutes

Title XLVI
CRIMES Chapter 798
ADULTERY; COHABITATION View Entire Chapter

798.01 Living in open adultery.--Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.

History.--s. 1, ch. 1986, 1874; RS 2595; GS 3518; RGS 5406; CGL 7549; s. 772, ch. 71-136.


The 2004 Florida Statutes

Title XLVI
CRIMES Chapter 798
ADULTERY; COHABITATION View Entire Chapter

798.02 Lewd and lascivious behavior.--If any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together, or if any man or woman, married or unmarried, engages in open and gross lewdness and lascivious behavior, they shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 6, ch. 1637, 1868; RS 2596; GS 3519; RGS 5407; CGL 7550; s. 773, ch. 71-136.



Copyright © 1995-2005 The Florida Legislature • Privacy Statement • Contact Us

[AmishDude]

It was after the court case where he heard expert after expert testify that she was PVS and there was no hope or treatment that could save her and he told doctors about her wishes.

Sorry. I believe in Living Wills. I do not believe in, "Do you know what she told me once while we were chatting?"s.

I've told my husband about my wishes too...but first I expect him to try EVERYTHING.

Then WRITE IT DOWN. Otherwise, you may assume that your instructions are that the second you lose consciousness, your husband or other guardian is supposed to kill you as soon as possible and collect the insurance money.

And it was also after Mr. Schindler testified in open court under oath that he told Michael it was time to get on with his life.

I think that's a good idea, too. The problem is that he isn't.

[Diva Betsy Ross]

Well some people disagree about that- and therein lies the whole case.

[Hildy]

I don't think diuretics were ever directly named. But she was bulemic, throwing up and such. Just from my experience with people who have that disorder, diuretics and laxatives are usually always involved.

[marajade]

Well the USSC agrees with me. So I guess I'm in good company.

[Peach]

No court has found that Michael didn't take exemplary care of Terri.

In fact, nurses in one of the lawsuits complained that he was demanding. They also testified that Terri never had one single bed sore which they attributed to his meticulous care of her. It's unusual for someone confined to bed for so long never to have a bed sore.

[the Deejay]

I said I DIDN'T KNOW FL LAW ON IT!! Give me a break!

I live in NEVADA, and KNOW NEVADA LAW on it. sheesshhhhh!!

[BigSkyFreeper]

HR 1332 EH

109th CONGRESS

1st Session

H. R. 1332

---

AN ACT

To amend title 28, United States Code, to provide for the removal to Federal court of certain State court cases involving the rights of incapacitated persons, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Protection of Incapacitated Persons Act of 2005'.

SEC. 2. REMOVAL OF CERTAIN CASES TO FEDERAL COURT TO PROTECT THE RIGHTS OF INCAPACITATED PERSONS.

(a) Right of Removal- Chapter 89 of title 28, United States Code, is amended by adding at the end the following:

`Sec. 1453. Protection of rights of incapacitated persons

`(a) Notwithstanding any other provision of this chapter, not later than 30 days after available State remedies have been exhausted, an incapacitated person, or the next friend of an incapacitated person, may remove any claim or cause of action described in subsection (b) to the United States district court for the district in which the claim or cause of action arose, or was heard.

`(b) The claim or cause of action referred to in subsection (a) is one in which the State court authorizes or directs the withholding or withdrawal of food or fluids or medical treatment necessary to sustain the incapacitated person's life, but does not include a claim or cause of action in which no party disputes, and the court finds, that the incapacitated person, while having capacity, had executed a written advance directive valid under applicable law that clearly authorized the withholding or withdrawal of food or fluids or medical treatment in the applicable circumstances.

`(c) In hearing and determining a claim or cause of action removed under this section, the court shall only consider whether authorizing or directing the withholding or withdrawal of food or fluids or medical treatment necessary to sustain the incapacitated person's life constitutes a deprivation of any right, privilege, or immunity secured by the Constitution or laws of the United States.

`(d) The United States district court shall determine de novo any claim or cause of action considered under subsection (c), and no bar or limitation based on abstention, res judicata, collateral estoppel, procedural default, or any other doctrine of issue or claim preclusion shall apply.

`(e) As used in this section--

`(1) the term `incapacitated person' means a born individual who is presently incapable of making relevant decisions concerning the provision, withholding, or withdrawal of food, fluids or medical treatment under applicable law; and

`(2) the term `next friend' means an individual who has some significant relationship with the real party in interest, and includes a parent.'.

(b) Clerical Amendment- The table of sections at the beginning of chapter 89 of title 28, United States Code, is amended by adding at the end the following new item:

`1453. Protection of rights of incapacitated persons.'.

Passed the House of Representatives March 16, 2005.

Attest:

Clerk.

109th CONGRESS

1st Session

H. R. 1332

AN ACT

To amend title 28, United States Code, to provide for the removal to Federal court of certain State court cases involving the rights of incapacitated persons, and for other purposes.

[marajade]

That's what I thought. I don't see Congress succeeding in this case but we'll just have to see what happens.

[Peach]

Michael has gotten on with his life. He's got a girlfriend. For which he's condemned.

But first he's trying to carry out his wife's wishes. All the courts have found him credible on this matter.

And the Schindlers never mentioned that maybe he tried to strangle Terri until they realized they were not going to get any of the malpractice money. They waited 12 years to make that little charge.

And Mr. Schindler admitted under oath that he was angry at Michael for not getting any of the malpractice $$.

[Mo1]

In fact, nurses in one of the lawsuits complained that he was demanding.

here's a question

Would nurses caring for Terry today .. or even the last few years make that claim?

[AmishDude]

this woman really did express her wishes

No she didn't. She never did. If she were serious, she would have written it down. Even if she had said something, it's no more serious than an embarassed person proclaiming "I want to die." and having it be used as a suicide attempt.

[Diva Betsy Ross]

So-because they refused the case you say they ruled that Terri had fair and equal representation under law for the past 15 years?

Well that is.. Umm.. Interesting.

[Peach]

I don't know. I thought the nurses were testifying in 2002 but it might have been earlier. There have been so many motions and lawsuits, it's hard to remember.

[marajade]

They didn't rule anything. They upheld Greer though.

[Salvation]

Just upgraded my web site.

You may participate in an on-line poll on my site. The poll has just been put up. It records your vote so that you cannot vote more than once.

http://newspundit.net

http://newspundit.net/terrischiavocase.html

Please pass the word.

[AmishDude]

That doesn't mean that we should stoop to the name calling and personal attack

I disagree.

You jerk.