[avile]

"against her will"

if that were proven to be true this case would have made the radar. however it is hearsay against hearsay.

[winstonchurchill]

WC: Terri is not a CPR practice dummy who can be kicked hither and yon for the satisfaction of someone else's (strange) views of the 'importance' of her most truncated 'life'. She did not want this. That is, to coin a phrase, clear and convincing. Now, she has endured 15 years(!) of forced feeding and diapers against her will, the last 8 of which are directly attributable to others using our justice system to prolong her life against her will. Enough is enough. She gets to go Home now. Find another poster child for the political 'cause' of endless physical life.

A: if that were proven to be true this case would [not?] have made the radar. however it is hearsay against hearsay.

You make a typical layman's mistake about the reliability of 'hearsay.' It is often used under countless exceptions to the 'hearsay rule.' 'Hearsay' is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. (FRE 801(c)) Generally, hearsay is not admissible. However, there are a number of exceptions where hearsay is admissible. Here are a few exceptions: dying declarations, excited utterances, res gestae or present sense expression, admissions and declarations against interest, and state of mind and physical condition. There are many others. Then many jurisdictions (including the federal rules) use a 'catch-all' or residual exception for the unavailability of a witness. Thus, the testimony of several witnesses recounting Terri's many expressions of her desire not to be kept alive artificially could be described as 'hearsay'. However, even if such recounting of Terri's out-of-court statements were deemed to be offered for the 'truth of the matter asserted', they would fall within either (i)the present sense exception, (ii) the state of mind exception, or (iii) in any event the residual (unavailability of the witness) exception.

This case 'made the radar,' because some politicians sought to stir a portion of their base for crass and cynical reasons. Sadly, those politicians were, in this instance, of my party.