Fed Appeals Court Grant Terri's Parents Petition for Rehearing

FNC

[WhistlingPastTheGraveyard]

FEDERAL APPEALS COURT WILL LET TERRI'S PARENTS FILE A PETITION FOR REHEARING FOR AN INJUNCTION TO REINSERT FEEDING TUBE... BREAKING

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Moderator update:

Court Says Yes To Schiavo Parents

March 30, 2005

(CBS/AP) A federal appeals court early Wednesday granted Terri Schiavo's parents the right to file a petition for rehearing for an injunction that could allow their daughter's feeding tube to be reconnected.

The ruling came just after midnight from a federal appeals court in Atlanta.

On Tuesday, Schiavo's 12th full day without food or water, the Rev. Jesse Jackson prayed with her parents and joined conservatives in calling for state lawmakers to order her feeding tube reinserted.

The former Democratic presidential candidate was invited by Schiavo's parents to meet with activists outside Schiavo's hospice. His arrival was greeted by some applause and cries of "This is about civil rights!"

"I feel so passionate about this injustice being done, how unnecessary it is to deny her a feeding tube, water, not even ice to be used for her parched lips," he said. "This is a moral issue and it transcends politics and family disputes."

As the Schiavo deathwatch drags on, CBS News Correspondent Mark Strassmann spoke with two families who grappled with the same issues as the Schindlers and Michael Schiavo. On one side are Dorothy and Michael Brocato, who have provided care for their brain-damaged daughter Lisa, who suffered brain damage from a heart attack 15 years ago.

"We have devoted our lives to taking care of Lisa, says her mother. The Brocatos are sympathetic to the Schindler's wish to keep Terri Schiavo alive

"I love her. I love her. I couldn't picture not having her around me,'' says Dorothy Brocato.

Ron Oister has watched the Schiavo drama play out from a very different perspective. When Oister's father was essentially brain-dead, his son's wrenching decision was to let his father go.

"It was very hard,'' Oister told Strassmann. "That was my father. And he was in front of me. And I knew he could never return to what he had been."

Oister says Schiavo's parents helped create this needless public spectacle because they refused to face their hard reality.

"She died then, not now. My own experience would say that one ends life at that time."

Jesse Jackson's visit provided an emotional boost to Schiavo's parents and siblings, who have maintained that Schiavo would want to be kept alive. Her husband, Michael Schiavo, insists he is carrying out her wishes by having the feeding tube pulled.

Mary Schindler, Terri Schiavo's mother, later made a terse but emotional appeal to Michael Schiavo: "Michael and Jodi, you have your own children. Please, please give my child back to me." Michael Schiavo and fiancee Jodi Centonze have two children, born long after Terri Schiavo fell into paralysis.

Although supporters of the Schindlers have claimed the dehydrated woman is being denied comfort measures such as ice chips for her dry mouth or balm for chapped lips, George Felos, the husband's attorney, defended how Schiavo is being cared for.

"Obviously, the parents and the siblings are desperate. Desperation may lead to different perceptions," Felos told CNN. "I can only tell you what I've seen, and Terri is dying a very peaceful, cared-for death." Felos did not return phone messages seeking comment from The Associated Press.

Jackson said he asked Michael Schiavo for permission to see the brain-damaged woman but was denied. He also telephoned black legislators in a last-ditch effort to bring back a bill that would prohibit severely brain-damaged patients from being denied food and water if they didn't express their wishes in writing. Lawmakers rejected the legislation earlier this month and appeared unlikely to reconsider it.

One of those contacted by Jackson, Democratic state Sen. Gary Siplin, said he told Jackson the issue had been "thoroughly discussed." Senate Democratic leader Les Miller added, "I have voted. It's time to move on."

The chief sponsor of the measure, state Sen. Daniel Webster, said he knew of no changed votes and that Jackson's efforts may have come too late.

"If he could sway votes — and I'm certain he may be able to — it would have been helpful if he had done that a little earlier" said Webster, a Republican. "We're running out of time. To do it now is not as timely as a couple of weeks ago would have been."

Bob Schindler described his daughter as "failing" following his visit Tuesday.

"She still looks pretty darn good under the circumstances," Schindler said. "You can see the impact of no food and water for 12 days. Her bodily functions are still working. We still have her."

First lady Laura Bush also commented on the case Tuesday, saying the government was right to have intervened on behalf of Schiavo.

"It is a life issue that really does require government to be involved," Bush said aboard a plane bound for Afghanistan, where she was to promote education and women's rights.

During Jackson's visit, a man was tackled to the ground by officers when he tried to storm into the hospice, police said. He became the 47th protester arrested since the feeding tube was removed March 18. The man had two bottles of water with him but did not reach the hospice door, police said.

Doctors have said Terri Schiavo, 41, would probably die within a week or two of the tube being removed. She suffered catastrophic brain damage in 1990 when her heart stopped for several minutes because of a chemical imbalance apparently brought on by an eating disorder.

The parents also lost another round in the courts Tuesday when an appeals court upheld a pervious ruling by Judge George Greer that blocked the Department of Children and Families from intervening in the case.




Court Says Yes To Schiavo Parents

[veronica]

Hmmmmm. Maybe the spectacle of the ghoul and the lunkhead planning the carving up of Terri's brain, before she has even died, got some judges to thinking. Probably too little too late, but I am happy for the Schindler's that they have at least this small victory to cling to.

[UnbelievingScumOnTheOtherSide]

You are responding to the wrong poster.

[PhiKapMom]

The law Congress passed said at the end that this only applied in this case and did not set a precedent.

[syriacus]

Its from the guardian ad litem report.

No, that quote isn't in the report that you link to in your post 973 I downloaded Wolfson's report and searched it*..

*You can do a search in Acrobat Reader *

Here is the quote you are saying is in Wolfson's document

Descartes addressed this in his proposition that it is our awareness, our consciousness that defines our being: "Cogito, ergo sum." This logic would imply that unless we are aware and conscious, we cease to be.

Neither the word "cogito," nor the word "Descartes" show up in a search, via Acrobat Reader, of that document you link to.

The question remains unanswered. "Where did that statement come from if it didn't come from guardian ad litem Wolfson?"

Wolfson might be angry, if he finds out people are attributing such illogical statements to him.

[jude24]

Look on page 33. Images in Acrobat format aren't searchable.

[BibleStudier]

I get the impression that this is more the 11th doing CYA and they are going to say the Whitmore Test is enough of an examination of the merits which deciding on death by court order.

BTW: NEW TALKING POINT ALERT: The democrats must have faxed out a new talking point of "death with dignity." (pay no mind to that man behind the mirror)

I also get the impression there are wanabe talk show hosts who are taking pro-death stances for ratings.

“And I saw a great white throne, and him that sat on it, from whose face the earth and the heaven fled away; and there was found no place for them. And I saw the dead, small and great, stand before God; and the books were opened: and another book was opened, which is the book of Life: and the dead were judged out of those things which were written in the books, according to their works.” (Rev. Ch. 20)

[Critter]

So he is still out there, capable of tormenting someone else like this?

[syriacus]

You are responding to the wrong poster.

I already apologized, but I'll repeat my apology here, because I really should not have made that error.

"Sorry. I meant to reply to Jude24.

You didn't say "She would have died in any society without 21st-century medicine."

Jude24 said that.

[nmh]

They did.

The Shindlers clain it was looked at procedurally not on its merit. I doubt that this will work. I doubt that they want to REHEAR this all over again.

[WestCoastGal]

Shouldn't there be a stay of execution while they are all taking their sweet time deciding on yet another appeal??

As I posted on another thread a convict on death row gets a stay if there is any question of legality etc. in that case!! Should a murderer have more rights than this poor woman being starved to death by her 'guardian' (HINO) who wants her to die?

[sandbar]

I think it's too late. What chance she had of 'recovering' has been gone a while ago.

[nmh]

They should have done this a long time ago.

I have my doubts that this will go anywhere. It wouldn't surprise me that these folks already believe they have ruled on the "facts" and not see it as a "procedural" issue. I suspect they just want this to "go away".

[UnbelievingScumOnTheOtherSide]

Can you find the word "the" with a search?

[nmh]

"Shouldn't there be a stay of execution while they are all taking their sweet time deciding on yet another appeal??
As I posted on another thread a convict on death row gets a stay if there is any question of legality etc. in that case!! Should a murderer have more rights than this poor woman being starved to death by her 'guardian' (HINO) who wants her to die?"

The problem is that the courts don't see it that way. They believe they have heard all they need to hear and it's a done deal from their perspective. It's just semantics.

[syriacus]

Thanks for providing the page number. I didn't have time to read all 40 pages. I apologize. I am a fool for believing the U of I tutorial without checking more closely

Word Search Search for a specific word anywhere in the document

So now we know...Wolfson puts illogical statements in his offidical documents.

[UnbelievingScumOnTheOtherSide]

They are only taking the case to declare the law unconstitutional IMO. When they thought the governor might intervene they held off. This week they are more confident they won't be opposed.

[NCC-1701]

IF, and this is a BIG IF, the ruling comes down in the Terri's favor, could it be overruled ar overturned by Greer or any other court? Continued prayers for Terri and her family.

[myrabach]

I agree they want it to go away. I think that perhaps this is going to backfire on them. The more people realize just how torturous a way to die starvation and dehydration truly is, the more they might not want to take that action.

All this is being brought into the spotlight, and maybe, just maybe, people are starting to say "I don't want to die like Terri" instead of not wanting to live like Terri.

Euthanasia and resultant horrors are being thrown into our faces. Terri could have gone in obscurity, but now every breath is for all to see. This might just be very scary to those whose opinions have fallen on the side of death.

Maybe, just maybe, people are realizing that if a spouse chooses to kill you because you are crippled, he might just have the legal system on his side. And if that doesn't scare the bejesus out of everyone, then a huge wake up call is necessary.

[syriacus]

Can you find the word "the" with a search?

I should have tried that. I took the U of I tutorial at it's word.

[nmh]

Hasn't he done that in the past?

I believe he has so I don't see this as any different than those situations. Hopefully someone will correct me if I am wrong. That's primarily why I don't see this changing anything. Again, I want to be wrong but I believe this d.o.a. . Had it been done earlier, I don't think there would be the prejudice that I believe this will have this late in the legal battle. Clearly anyone can understand and see the Shindlers are desperate and why they are. Someone out there .... correct me if I am wrong.