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Reinsertion denied by 11th Circuit Panel
Yahoo ^ | 23 March 2005 | AP

Posted on 03/23/2005 4:42:39 AM PST by Jeff Head

PINELLAS PARK, Fla. - After losing two consecutive appeals in federal court, Terri Schiavo's parents vowed Wednesday to take their fight to the U.S. Supreme Court (news - web sites) as their severely brain-damaged daughter began her fifth full day without the feeding tube that has kept her alive for more than a decade.

In a 2-1 ruling early Wednesday, a panel of the 11th Circuit Court of Appeals in Atlanta said the parents "failed to demonstrate a substantial case on the merits of any of their claims" that Terri's feeding tube should be reinserted immediately.

"There is no denying the absolute tragedy that has befallen Mrs. Schiavo," the ruling said. "We all have our own family, our own loved ones, and our own children. However, we are called upon to make a collective, objective decision concerning a question of law."

In his dissent, Judge Charles R. Wilson said Schiavo's "imminent" death would end the case before it could be fully considered. "In fact, I fail to see any harm in reinserting the feeding tube," he wrote.

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TOPICS: Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: 11thcircuit; 5thtimesacharm; failed4timesalready; schiavo; schiavos; shiavo; shiavos; terri; terrischiavo; terrishiavo
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To: Jeff Head; MHGinTN
Who were the two who voted for death?

Who anointed (er, appointed) those two to the bench?
21 posted on 03/23/2005 5:00:46 AM PST by Robert A Cook PE (I can only donate monthly, but Hillary's ABBCNNBCBS continue to lie every day!)
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To: Williams

Exactly...except for the dissenting Judge. Perhaps the others in the appeal process will take up his dissenting view. At least that view is now out there on paper officially.


22 posted on 03/23/2005 5:03:20 AM PST by Jeff Head (www.dragonsfuryseries.com)
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To: Jeff Head
I'm also dumbfounded to hear Michael Shiavo's lawyer and Dethocrats talk about "upholding the Constitution and rule of law".

I must find this "Constitution" they speak of...
It gives more rights to a pedophile rapist than a disabled woman. It authorizes killing unborn babies. It disarms honest citizens. It prevents the mention of God or Christ in public schools. It allows foreign invaders across our borders and then entitles them to welfare benefits.

That's funny. My copy doesn't have any of that in it...

23 posted on 03/23/2005 5:05:16 AM PST by pocat
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To: Robert A. Cook, PE

Judge Charles R. Wilson was the dissenting Judge. I do not know the names of the other two.


24 posted on 03/23/2005 5:05:51 AM PST by Jeff Head (www.dragonsfuryseries.com)
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To: pocat

They are writing their own as they go and imposing it on us all.


25 posted on 03/23/2005 5:06:34 AM PST by Jeff Head (www.dragonsfuryseries.com)
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To: Jeff Head

Whether all of these 'legal eagles' (FL courts and FED courts) realize it or not, they are setting a very dangerous precedent by deciding this case on hearsay evidence from the estranged husband. Hereafter, a judge will not be able to deny evidence based on hearsay. They accepted hearsay here, they will have to accept hearsay forever.....


26 posted on 03/23/2005 5:07:26 AM PST by eeriegeno
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To: Williams

Ummm... Which ones are the "liberal" judges? Carnes? Hull? You're kidding, right?


27 posted on 03/23/2005 5:07:26 AM PST by lugsoul (Until at last I threw down my enemy and smote his ruin on the mountainside.)
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To: Jeff Head
What a tragedy. None of them have the virtue to see beyond bad "law" and simply do what is right. So you are saying that they should be "activist judges" that "legislate from the bench" instead of "applying the law?"
28 posted on 03/23/2005 5:07:48 AM PST by Parzival
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To: Williams; Jeff Head

Yeah I understand that by the time Congress acted this was already almost unwinnable, especially since Congress screwed up royally (purposely?) in not requiring a stay. But all these years, being unable to change venue, unable to get contradictory medical testimony in the record, unable to get any action on the many conflicts of interest, it's almost like they weren't paying attention.


29 posted on 03/23/2005 5:08:26 AM PST by thoughtomator (Murder by Judges, 1 - 2 - 3, it's as easy to learn as your ABCBSCNNMSNBCs)
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To: Jeff Head
What a tragedy. None of them have the virtue to see beyond bad "law" and simply do what is right.

Well, it is a tragedy but if we don't want activist liberal judges 'doing the right thing' from the bench then we have to accept that 'the rule of law' means the rule of laws and the laws just aren't there.

30 posted on 03/23/2005 5:09:55 AM PST by Grut
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To: Jeff Head
Regards to you and yours, Jeff.

This is not America's finest hour.

31 posted on 03/23/2005 5:11:12 AM PST by backhoe (-30-)
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To: Robert A. Cook, PE

"Who were the two who voted for death?

Who anointed (er, appointed) those two to the bench?"

Clinton and G HW Bush appointed the two in the majority. The dissenter was a Clinton appointee.


32 posted on 03/23/2005 5:11:32 AM PST by Magyc
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To: eeriegeno
They accepted hearsay here, they will have to accept hearsay forever.....

That horse left the barn long ago.

CRUZAN v. DIRECTOR, MDH, 497 U.S. 261 (1990) <-- Link. Cruzan was in a PVS, left no written advance directive, and was starved to death.

33 posted on 03/23/2005 5:12:08 AM PST by Cboldt
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To: NewCenturions

"One woman was arrested Tuesday for trespassing after trying to bring Schiavo a cup of water. "

A modern Veronica.

Too bad there aren't thousands offering to do this--like the civil rights protests in the 60s; the jails couldn't hold them all.

And too bad Jeb Bush or the Bishop of that diocese don't make the same gesture. . .


34 posted on 03/23/2005 5:12:41 AM PST by CondorFlight
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To: Parzival
You forgot to include my mention of the "Check that" and the comment by the dissenting Judge. I do not believe he is operating outside the law. He understands that there is a federal law on the books calling for a new hearing on the evidence instead of a rehash of the eviodence presented (allowed) in Greer's court. It would not be activist to act upon that law would it?

My wording may not have been perfect, but my intent was clear, and I added a section in the original comments that makes that clear which you chose not to quote. Thanks for giving me the opportunity to state the issue again.

35 posted on 03/23/2005 5:13:07 AM PST by Jeff Head (www.dragonsfuryseries.com)
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To: backhoe

Funny thing is, I imagine it passes the "global test." Thanks to the judiciary.


36 posted on 03/23/2005 5:14:03 AM PST by johnb838 (Greer: What I have written, I have written)
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To: Robert A. Cook, PE
Who were the two who voted for death?

Who anointed (er, appointed) those two to the bench?

See this post. Executioner Carnes was a "gift" from Bush41, and Executioner Hull was a Clinton special. Judge Wilson surprisingly came from the Clinton years.

37 posted on 03/23/2005 5:14:12 AM PST by steveegg (Let the DemonRATs eat gridlock. Nuke 'em, Frist.)
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To: backhoe

Thank you backhoe...no it is certainly not. Reminds me of the feelings I had with the Elian affair. Tragic, unbelievable.


38 posted on 03/23/2005 5:14:20 AM PST by Jeff Head (www.dragonsfuryseries.com)
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To: Parzival

Who made the LAW? Solomon YOU are NOT.


39 posted on 03/23/2005 5:16:13 AM PST by Just mythoughts
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To: Jeff Head

It's ok. Judge Napolitano says she can't feel it because her brain has turned to liquid. And ED Hill said 16 specialists have examined her and all agreed there's no way out of her PVS. It's just reflexes and electrical impulses. That's why he would always go and grab the heel of the patient. That's not reflexes, I guess, that's conciousness, in the heel there. I don't understand that, but I suppose all the really smart people are in charge, so we're better off leaving it to them. After all, I'm not a doctor or a lawyer. Let the experts handle it. I'm going to have breakfast and go to work. I'm HUNGRY!


40 posted on 03/23/2005 5:17:57 AM PST by johnb838 (Greer: What I have written, I have written)
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