Judge is considering ruling from late hearing

AP ^ | 3.25.05

[Nick Danger]

My problems with Whittemore started with his thumbing his nose at the Congressional request for a de novo trial!

That's not what happened. Whittemore was acutely aware of what the law said. However, the Schindlers' attorney based his entire plea on procedural errors by Greer, not on disputed facts. It was a terrible blunder. But the judge can't fix that. He has to rule on the case that Plaintiff brings. The Schindlers' attorney brought him the one plea that was guaranteed to lose -- a request for a procedural review of what Greer had done.

My understanding is that this has since been corrected in an amended plea, the one that is before Whittemore now. If it actually requests a new trial on the facts, and includes enough evidence (doctors' affidavits, etc.) to convince the judge that the case won't be a slam dunk for Michael Schiavo, he will issue the injunction to re-insert the feeding tube and order a new de novo trial.

But it all depends on whether the Schindlers' attorney got his head out of his butt. From the comments in this story, it doesn't sound like it. But maybe someone competent got in there and wrote the complaint for him. We can hope.

[MHGinTN]

Actually, the clintoon appointee is probably reading furiously to accumulate material with which to write his rejection from greer findings, to avoid a contempt of congress action. This guy is just carving a more elaborate rubber stamp for greer's rulings, that's all.

[Torie]

Whittemore says he is working through the night. I guess you think he is lying. If Whittemore is asleep, it would be odd if his decision came out at 5 am. Maybe he wrote it in 15 minutes, and put in a drawer to run out the clock and told his clerks to stay up, and put it up on his website at such an hour. Anything is possible, and well, anything and everything is posted on this matter in this neighborhood.

[Aussie Dasher]

Agreed. Enough with the judges. If Terri is to be saved it will be by direct intervention by Governor Bush - and he better hurry up.

[FairOpinion]

I don't know about Jesse Jackson, but I heard Dershowitz, he said that there is more than reasonable doubt about what Terri's wishes were, which goes to the heart of the matter.

[Congressman Billybob]

You are right in general about the limitation of consideration of facts by any appellate court. However, in this instance, the rule is different.

The law just passed by Congress requires the federal court to take jurisdiction of the case and conduct a "de novo" review. In that particular instance, the federal court should go over the facts from the beginning, not accepting as given whatever the state court has done or decided. Self-evidently, the federal trial court did NOT do what Congress directed.

Congressman Billybob

Latest column, "Terri Schiavo, Requiesat in Pacem"

[BigSkyFreeper]

He wants to ignore reality...

The only ones cravenly ignoring reality are the Schindler lawyers. Congress told all the major players, from the judges to the lawyer teams what they had to do, and through sheer incompetance, the Schindler lawyers are ignoring all of that, and losing time.

[SuziQ]

David Boies comes to mind...

He was on the TV the other night lamenting the fact that the lawyer was arguing the case from a very narrow viewpoint and the courts had no choice but to reject it. He never came right out and said it, but it sounded like he disagreed with the removal of the feeding tube.

It would be interesting to see what could be done with a really good lawyer directing things.

[MHGinTN]

Your optimism is refreshing, but like the hint that we shouldn't be too quick to give up on Jeb the lesser, I can't muster enough naivete to agree.

[Utah Girl]

I totally agree with your comments. I also think that it is almost a game with the lawyers and judges who have made everything a matter of 'winning' and 'losing'. If any lawyer comes to them on a case and doesn't have the secret combination of how and what to say to them in the correct sequence or words, then too bad, you lose.

[smoothsailing]

I read somewhere he mailed a dead fetus to Bill Clinton.He is hurting the Schindler family with his antics.The slimeball.

[FairOpinion]

I don't know who created this originally, but it was posted by a few people, and it's entirely accurate,

[BigSkyFreeper]

My problems with Whittemore started with his thumbing his nose at the Congressional request for a de novo trial!

Wrong. Whittemore has been doing everything right at this point. The Schindler lawyers spent their time in Whittemore's court room griping and moaning about Greer. Don't they know what de novo is? I'm not even a lawyer and I figured it out.

[SuziQ]

It is also clear that the GOP as a party is responsible for her death,

No, it is not. Michael Schiavo is the one responsible for her death because, by law, he is her guardian.

[Congressman Billybob]

I, too, was impressed by David Boies' comments on the Schiavo case. Do not include Lanny Davis, however, in any favorable list. Saw him on Fox two nights ago. He was his usual, slimy self.

Click below and read near the end my comments on Lanny. In my opinion he slithered out from under a wet rock, and stays close to it at all times in case his scales start to dry out. Not that I'm being judgmental at all.

Congressman Billybob

Latest column, "Terri Schiavo, Requiesat in Pacem"

[sockmonkey]

David Boies has been siding with the parents, at least from the reports I am reading here.

He has, basically explaining what strategy the Schindler's attorney should be following. David Gibbs should be tivoing Boise.

[CardCarryingMember.VastRightWC]

Ralph Nader is on her side? You're kidding me!! I can't imagine what his reasoning would be.

Perhaps Terri's Consumer Rights have been trampled upon?

Or is starvation just not a very Green Thing to do?

[unfortunately a bluestater]

EXACTLY. All of these judges have been ignoring reality.

[Torie]

Alas only for federal issues under existing federal law, and subject to existing federal rules, including rules regarding injunctions.

[Utah Girl]

A&E had an excellent documentary on Terri Schiavo this evening. The documentary ended in 2002 (3?) after the feeding tube was reinserted. I was very impressed with the female lawyer that was the Schindlers lawyer. She answered a lot of questions I've had and was very knowledgable and compassionate. However, Felos ran circles around her, he is brilliant and has that smug articulate behavior that judges so seem to love and respond to. I can't say anymore, what I am thinking would get me banned from FR. Suffice it to say, Felos is slick.