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Schiavo 11th Circuit U.S. Court of Appeals Decision
U.S. Court of Appeals for the 11th Circuit ^ | 03/23/2005 | U.S. Court of Appeals for the 11th Circuit

Posted on 03/23/2005 12:21:22 AM PST by peyton randolph

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To: bvw

How can they look their wives and kids in the eye. "Hey how was your day?...Not bad, I am slowly killing this defenseless woman,by not allowing her to drink or eat and making goon marshalls stripsearch her grief stricken parents,just in case they should try to sneak in some ice cube.Don't want any of that you know?
Well, let's go to Macdonalds ...
Evil is among us.
I imagine these judges faces just like the devil character in the Passion,with maggots coming out of their noses.


121 posted on 03/23/2005 3:39:04 AM PST by northernlightsII
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To: Matchett-PI

I'm just the messanger, I forgive you.


122 posted on 03/23/2005 3:42:59 AM PST by PrepareToLeave
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To: peyton randolph
Judge Wilson (the dissentor who wanted to reinsert the tube) - appointed July 30, 1999

Judge Carnes (one of the pro-death judges) - appointed September 10, 1992

Judge Hull (the other pro-death judge) - appointed October 3, 1997

123 posted on 03/23/2005 3:43:24 AM PST by steveegg (Let the DemonRATs eat gridlock. Nuke 'em, Frist.)
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To: bvw
"insanity and insane strife in the nation results"

"The Devil made me go nuts" is the excuse of religious KOOKS.

124 posted on 03/23/2005 3:45:36 AM PST by Matchett-PI ("Experience is something you don't get until just after you need it." ~ S. Wright)
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To: PrepareToLeave

messanger=messenger


125 posted on 03/23/2005 3:47:06 AM PST by PrepareToLeave
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To: Matchett-PI

In this case it is a Court system that has gone insane and drives many to insanity with it.


126 posted on 03/23/2005 3:47:43 AM PST by bvw
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To: Matchett-PI

Maybe you can relate to this a little better.......sticks & stones....


127 posted on 03/23/2005 3:48:49 AM PST by PrepareToLeave
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To: monocle
Appellate courts are not triers of fact, but review appealed cases for errors of law or the misapplication of the law to the proven facts.

True in general, but not universally true. A de novo review calls the factual conclusions of the court below into question.

128 posted on 03/23/2005 3:51:20 AM PST by Cboldt
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To: PrepareToLeave
Matchett-PI: "EXTREME KOOK ALERT!!!

PrepareToLeave: "The Lord spoke these words to me in a thunderous roar some time back ...I'm just the mess anger, I forgive you."

"Mess anger" is right. Hahahaha EXTREME KOOK ALERT re-issued and doubled.

129 posted on 03/23/2005 3:58:07 AM PST by Matchett-PI ("Experience is something you don't get until just after you need it." ~ S. Wright)
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To: northernlightsII
Which right is that the right to die. I believe SCOTUS said it does not exists.

Read Cruzan. There is a strong sentiment in favor of permitting the patient to exercise his wishes regarding medical treatment, even when those instructions result in death. Two things really bug me about this case. I have reasonable doubts that Greer's factual conclusion, that Terri would choose to starve to death , is correct. And, the use of starvation as a means of death. The starvation angle plays into both the patient's choice regarding medical care (nobody that I know of considers food and water to be medical care, they are basic necessities of life), and the basic ethical/humanity inquiry into using forced starvation as an instrument to cause death.

CRUZAN v. DIRECTOR, MDH, 497 US 261 (1990) <-- Link. US Supreme Court Case.

130 posted on 03/23/2005 4:00:03 AM PST by Cboldt
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To: HitmanNY
Hitman, I agree with you. If you read Judge Whittemore's ruling, it suggests that he too felt that more information, i.e. new evidence, should have been presented. Gibbs blew it by arguing that Greer screwed up in procedure. He could have presented the entire case.

I'm still curious as to why he didn't subpoena Terri to come before Judge Whittemore. One of the biggest arguments against Greer's ruling is that he never even saw Terri. Why not rectify that problem by calling Terri as a witness?

131 posted on 03/23/2005 4:00:09 AM PST by Military family member (If pro is the opposite of con and con the opposite of pro, then the opposite of Progress is Congress)
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To: Mad Mammoth

Does this case free Jack Kevorkian. He was put in jail for killing people who were on video stating their true intentions of wanting to die and had written living wills?. The state is doing the same exact thing except they do not have video of Terri saying I want to die or a living will. He is in jail while Greer and these other Judges are sitting in the sun.

What a crazy world.


132 posted on 03/23/2005 4:00:55 AM PST by crosslink (Moderates should play in the middle of a busy street)
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To: Mad Mammoth

Excellent analysis!


133 posted on 03/23/2005 4:01:43 AM PST by madprof98
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To: garandgal

Yes, why is this important or relevent?


134 posted on 03/23/2005 4:02:11 AM PST by Military family member (If pro is the opposite of con and con the opposite of pro, then the opposite of Progress is Congress)
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To: bvw
The dissent is right. Not unusual. But the dissent does not make the law.

You'll see thousands of smug, satisfied lawyers and judges in the wake of this decision.

135 posted on 03/23/2005 4:02:51 AM PST by Cboldt
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To: bvw
Perversely -- heinously perverse -- the now outlaw and murderous Carnes and Hull restate the clear intent to maintain status quo of Congress:

That is the "shifting the burden" trick. It's a powerful one.

136 posted on 03/23/2005 4:04:12 AM PST by Cboldt
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To: crosslink
Does this case free Jack Kevorkian. He was put in jail for killing people who were on video stating their true intentions of wanting to die and had written living wills?. The state is doing the same exact thing except they do not have video of Terri saying I want to die or a living will. He is in jail while Greer and these other Judges are sitting in the sun.

The law also force feeds convicts that are on hunger strikes. In effect forcing medical care on them against their wishes. The judges rationalize each circumstance. You'll be hard pressed to find "the value and dignity of human life" as an underlying principle in the law. It's about process. The law has elevated process above substance.

137 posted on 03/23/2005 4:08:20 AM PST by Cboldt
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To: bvw
"In this case it is a Court system that has gone insane and drives many to insanity with it."

Liberal logic 101: "Its not my fault if I'm an insane KOOK - it's fault of the court system."

138 posted on 03/23/2005 4:11:59 AM PST by Matchett-PI ("Experience is something you don't get until just after you need it." ~ S. Wright)
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To: peyton randolph

I agree. There should have been a de novo hearing. Terri's lawyer did not do a good job at the appellate court.

The horrible truth is that justice is not always done. Guilty men walk free after trial, are never tried or innocents die and are murdered. Terri's murder happens in this country with other victims as a result of miscarriages of justice. Justice is not perfect on earth. But we keep striving for it.

The legal system, the courts, let this woman down in a breathtaking way.


139 posted on 03/23/2005 4:16:44 AM PST by cajungirl (l)
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To: onyx; thoughtomator
2 Clinton appointees, 1 Bush. Only 1 Clinton dissented. Go figure.

Thanks, thoughtomator for the info. That's the first thing I looked for online (after wiping the tears from my eyes) this morning when I heard the news. Knew I would find out on FR!

Re Wilson's being a Clinton appointee: I was surprised last night to see David Boies, of all people, give a positive review of Terri's case -- not just on sympathy grounds, but on legal grounds!

Boies, when asked by Greta van Susteren last night what he thought Terri's chances were before the 11th Circuit, said he believed they would re-instate the tube. Guess he was 1/3 right.

I was also surprised to see Jesse Jackson yesterday backing the re-insertion of Terri's feeding tube, also.

And, apparently the majority of the Congressional Black Caucus supported Terri's bill in Congress, too.

So we do have some strange bedfellows here.

140 posted on 03/23/2005 4:16:49 AM PST by shhrubbery!
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