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.
Stop and think about what you just said.
Much to the dismay of many around here, I'm sad to say.
Get serious. They are interested in justice and right order. The fact that Jeb has no cojones is a problem.
More spam. Why not take a moment and actually write something on the topic. This posting of the same images over and over again is really tiresome.
Please try to contribute something to the discussion.
The courts knew this case had stired up the masses, and the court knew the heat was on. So the courts decided to send a message to the other branches of government and the poeple. We the courts are in change, the will of the people be damned.
Then Jesus told his disciples a parable to show them that they should always pray and not give up. He said: “In a certain town there was a judge who neither feared God nor cared about men.And there was a widow in that town who kept coming to him with the plea, ‘Grant me justice against my adversary.’
“For some time he refused. But finally he said to himself, ‘Even though I don't fear God or care about men, yet because this widow keeps bothering me, I will see that she gets justice, so that she won't eventually wear me out with her coming!’ ”
And the Lord said, “Listen to what the unjust judge says.
And will not God bring about justice for his chosen ones, who cry out to him day and night? Will he keep putting them off?
I tell you, he will see that they get justice, and quickly. However, when the Son of Man comes, will he find faith on the earth?”
Sounds hauntingly familiar. The ghosts of Nuremberg are stirring. "You cannot convict me of crimes against humanity, honorable tribunal! I vas only following zee law. German law said dat zee Jews vere subhuman. Vee vere within our RIGHTS to sentence zem to die! Ach, nein, herr leutnant!"
Exactly!
I wish I could wrap my arms around Terri's Mom right now and tell her how much I admire and love her - and her entire family.
Still believing for a miracle.
Cryptic.
"Oh, my! Purple prose and bleeding images. What next?"
Whatever else the FReepers on here want to post that falls within the guidelines. Got a problem with that?
Any chance of going back to Greer?
ANDRE LENOGE: "Where is Congress? Where are the Senators?
Nobody knows. Their chambers are empty. No one is there.
There has only been only one case like this in all of American history.
That was Roanoke Island [North Carolina] in 1587 when everyone disappeared. Every man, woman and child.
Hope is dimming for the missing residents of the US Congress
but .... there is word carved on the wall of the Senate Chamber, "Croaton".
No one knows what it means. Maybe its a place favored for pork? No one knows.
But I do know one thing. Congress will ALL need to be replaced in the next election."
Senators (in Unison): "We are sorry Judge Greer. We are sorry Judge Greer. We will give you what you want.
We are so sorry Judge Greer. Please take our respect and our children.
Starve them. Cremate them. Feed them to your seeing-eye dogs. Oh Judge Greer, we worship you."
Judgenfuhrer Greer: "April Fools. The US Congress is finished.
It is March 30th and we have proven that the US Congress
is NOTHING but a clot of inept and weak pussies
writing subpoenas not worth a bucket of warm spit.
18 USC Section 1505 - I urinate on it. Title 2 of the US code, I deficate on it."
I hope you are right...and I've always believed..."what goes around, comes around"
"Here's what really pi$$e$ me off! Knowing this was what they were going to do all along - why did this jerk court yank the family around for a day. How hateful can these people be. If you aren't going to help - just shut up in the first place. This was just cruel by the 11th Circuit. They seem to be punishing her family at this point."
It does seem cruel, but to clear some things up.
-The ruling yesterday was basically an extension of a deadline. The original deadline for filing the appeal was last weekend. The family did not meet the deadline. This ruling just said that the court would accept the filing.
I think that the family was probably aware of this. FReepers however grabbed it and ran.
the three stooges again
| Congress should impeach the Federal District Judge who failed to comply with the terms of the act. It says "shall" not "may".
This was a license for a new trial on the facts. But the Schindlers' lawyers never brought such a claim. Instead, they asked for, and got, The Same Old Review of whether Greer had violated Terri's due process rights. In this latest apeeal, they once again asked the court to review the "entire state court record." That is not what Congress intended, it was not the de novo hearing that Terri was entitled to under the Act, it was the third in a row of egregious blunders by the Schindlers' incompetent attorneys. Yes, Congress required the federal courts to review de novo any claim "by or on behalf of Theresa Marie Schiavo for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life." See if you can find such a claim in any of the pleas filed with a federal court by the Schindlers' attorneys. They totally ignored the opportunity for a new trial on federal grounds, and as if they were working for Felos, persisted in their doofus failed attempts to get Greer's courtroom procedures reviewed. And because they are this stupid, Terri Schiavo will die. |
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Keep going. It says, "shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act."