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11th Circuit Court Rejects Schiavo Appeal
ABC ^ | Mar 30, 2005 | RON WORD Associated Press Writer

Posted on 03/30/2005 12:25:05 PM PST by jpsb

Edited on 03/30/2005 12:44:39 PM PST by Sidebar Moderator. [history]

With time running out for Terri Schiavo, a federal appeals court Wednesday rejected her parents' latest attempt to get the brain-damaged woman's feeding tube reconnected.

The Atlanta-based 11th U.S. Circuit Court of Appeals agreed to consider an emergency bid by Bob and Mary Schindler for a new hearing in their case, raising a flicker of hope for the parents after a series of setbacks in the case. But the court rejected the request 15 hours later.

Three times last week, the court also ruled against the Schindlers.

"Any further action by our court or the district court would be improper," Judge Stanley F. Birch Jr. wrote. "While the members of her family and the members of Congress have acted in a way that is both fervent and sincere, the time has come for dispassionate discharge of duty."

To be granted, the parents' request would have needed the support of seven of the court's 12 judges. The court did not disclose the vote breakdown.

The Schindlers visited their daughter Wednesday morning at her hospice and urged their supporters to keep trying. "I was pleasantly surprised by what I saw," Bob Schindler said. "So she's still fighting, and we'll keep fighting."

"We know that some of her organs are still functioning. ... It's not too late," he said.

In requesting a new hearing, the Schindlers argued that a federal judge in Tampa should have considered the entire state court record and not whether previous Florida court rulings met legal standards under state law. The Schindlers' motion also said the federal appellate court in Atlanta didn't consider whether there was enough "clear and convincing" evidence that Terri Schiavo would have chosen to die in her current condition.


TOPICS: Government
KEYWORDS: 11thcircuit; allterri; allthetime; bantrollsalready; doyourjobmods; goodgermans; gurgle; hitlerwouldbeproud; hyperbole; impeachgreer; jebisdone; judicialmurder; kookooforterri; lipservicefromjeb; needmoreterriposts; nomorejeb; notojebbushin2008; prayforterri; saveterri; schiavo; schindlerslistgrows; terribots; terrimaniacs; terrischiavo; terrischindler; territerriterriterri
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Comment #81 Removed by Moderator

To: JustPiper
It is ironic that all of America helped Florida in storm after storm after storm after storm.

All America pitched in to help Floridians.

Now Florida has lowered America's status in the eyes of six billion people.

FLORIDA - THE JUDICIDE STATE (EXECUTION BY PROLONGED DEHYDRATON AND STARVATION, the NAZI WAY)

82 posted on 03/30/2005 12:43:09 PM PST by Diogenesis (Igitur qui desiderat pacem, praeparet bellum)
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To: jpsb

Agreed


83 posted on 03/30/2005 12:43:58 PM PST by northernlightsII
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To: Petronski
Just because Jeb has done some things he can to help does not mean he's done everything he can to help.
84 posted on 03/30/2005 12:44:14 PM PST by Tree of Liberty (requiescat in pace, President Reagan)
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To: AFPhys

not suggesting that at all. But Jeb fumbled the ball (by announcing his intentions and basically asking Judge Rear to tell him not to do something)


85 posted on 03/30/2005 12:44:46 PM PST by bluebeak
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To: jveritas

I think they want him to do what Clinton did - ignore the courts, and go in with search warrants and "jack booted thugs," and take her out of there by force of arms.

I don't like what's happening either - but I didn't like what Clinton/Reno did with the Elian case either.


86 posted on 03/30/2005 12:44:57 PM PST by Tennessee_Bob (This tagline is Bush's fault.)
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To: Tree of Liberty

Have you done everything you can to help?


87 posted on 03/30/2005 12:44:57 PM PST by Hoodlum91
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To: mountaineer
Don't even bother making a rational response to some of these irrational, hysterical posts. It's like banging your head against a wall.

Saved my blood pressure with that post...thanks.

88 posted on 03/30/2005 12:45:15 PM PST by Irish Eyes
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To: Diogenesis

Maybe that's why those sharks are swimming around Florida beaches.


89 posted on 03/30/2005 12:45:50 PM PST by sageb1
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To: Kylie_04
He and Lis Weihl and the rest of the media are making me ill.

The Rev. Jackson shook up Carol Lin (CNN), when he insisted on repeating that Terri is being starved and dehydrated.

When he had said that same thing a minute earlier, Lin told him [paraphrased] "doctors would not agree with him that Terri is being starved and dehydrated."

She expected to get in the last word on that, but Jesse wouldn't let her. He repeated what he had said.

Go Jesse.

90 posted on 03/30/2005 12:45:51 PM PST by syriacus (Liberals + logic - these two don't mix. Post kindly + carry a BIG font. We musn't starve bulimics)
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To: JustPiper; All
(news conference) Jay Carpenter MD Internist, says this is a travesty. We don't know if she can or cannot be rehydrated, there have been no tests of this sort. That type of testing would be illegal of course.

Another woman who went through 8 days without food or water said it was the most painful thing she had ever felt.

Dr Carpenter has visited Terri for years, and is a Dr hired by the Schindler's.

*********************

I say again even a prisoner on death row has a stay of execution if there is any doubt whatsoever about the case against him/her.

The only thing that they are basing this death on is HINO's testimony that this is what she wanted. I don't think so!!

Truer words were never spoken, this is a

TRAVESTY!!!


91 posted on 03/30/2005 12:45:59 PM PST by WestCoastGal (Bristol~2 get a tkt to a race there is like trying to slip an out of spec car thru NASCAR inspection)
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To: Tree of Liberty

I don't know what else he could do, without running the considerable risk of LEO-on-LEO gunplay. Felos and Greer are too good at this...JEB got outplayed.


92 posted on 03/30/2005 12:46:04 PM PST by Petronski (If Reichskanzler Greer can kill Terri, who will be next?)
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To: tomahawk

"dispassionate" being the oprative word as in cold as a rock.


93 posted on 03/30/2005 12:46:35 PM PST by northernlightsII
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To: jpsb
Judicial takover in the process

"In resolving the Schiavo controversy, it is my judgment that, despite sincere and altruistic motivation, the legislative and executive branches of our government have acted in a manner demonstrably at odds with our Founding Fathers' blueprint for the governance of a free people — our Constitution."

94 posted on 03/30/2005 12:46:42 PM PST by byteback
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To: bluebeak
But Jeb fumbled the ball (by announcing his intentions and basically asking Judge Rear to tell him not to do something)...

True.

95 posted on 03/30/2005 12:46:58 PM PST by Petronski (If Reichskanzler Greer can kill Terri, who will be next?)
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To: WestCoastGal

tearfully heartbroken.
.
.
.
.
.
.


96 posted on 03/30/2005 12:46:58 PM PST by woollyone (Li'l fleas got tiny fleas up'n their backs 2 bite'em/Tiny fleas got tinier fleas & so on adinfinitum)
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To: northernlightsII

Obviously you didn't bother to go read the ruling. It was a three judge panel and Pryor was not one of the three but then that would mean you couldn't bash him wouldn't it?

Furthermore, when the 11th rulings come out, if a judge didn't dissent they do not release who voted what so your attack on Judge Pryor is without substantiation, but then you knew that didn't you?

Here is the information -- no Judge Pryor's name here: BEFORE: CARNES, HULL, and WILSON, Circuit Judges.


97 posted on 03/30/2005 12:47:08 PM PST by PhiKapMom (AOII Mom -- Increase Republicans in Congress in 2006!)
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To: bluebeak
Tale of Two Toasts during the Florida Judgenfuhrer Greer Murder Spree

FLORIDA - THE JUDICIDE STATE (EXECUTION BY PROLONGED DEHYDRATON AND STARVATION, the NAZI WAY)

98 posted on 03/30/2005 12:47:10 PM PST by Diogenesis (Igitur qui desiderat pacem, praeparet bellum)
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To: RedBloodedAmerican

i've been on free republic for awhile (not posting regularly). I guess we should be like the DUers and walk in lockstep (even when we feel members of our party have played coward again and again).


99 posted on 03/30/2005 12:47:14 PM PST by bluebeak
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To: Coffeetime

I am way beyond rage and sadness here. I can't even imagine going in that room to see my child now. I would, but this is .....

All these judges should be made to go see her. NOW.


100 posted on 03/30/2005 12:47:29 PM PST by combat_boots (Dug in and not budging an inch. NOT to be schiavoed, greered, or felosed as a patient)
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