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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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To: livius

Hate seems to be the driving force here among those believing there is something that should be done here. Slander, lies and hatred what a great tool box to draw from. This case should have ended years ago but for the insanity of the Schindlers.


201 posted on 03/30/2005 1:12:01 PM PST by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: AFPhys

Stalin's Goulag would be proud


202 posted on 03/30/2005 1:12:37 PM PST by spokeshave (Strategery + Schardenfreude = Stratenschardenfreudery)
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To: Kylie_04

Lis Weihl is wrong about 50% of the time. Was she a former prosecutor or defense lawyer?


203 posted on 03/30/2005 1:12:42 PM PST by Cathy
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To: CitizenM

Here's that passage from Matthew 6:

5 And when thou prayest, thou shalt not be as the HYPOCRITES are: for they love to pray standing in the synagogues and in the corners of the streets, that they may be seen of men. Verily I say unto you, They have their reward.
6 But thou, when thou prayest, enter into thy closet, and when thou hast shut thy door, pray to thy Father which is in secret; and thy Father which seeth in secret shall reward thee openly.


204 posted on 03/30/2005 1:13:59 PM PST by MineralMan (godless atheist)
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To: Kylie_04

Shep Smith knows as much about PVS and my dog does, which is to say, not at all.

She is not in a PVS. Anybody who says she is a liar or ignorant.


205 posted on 03/30/2005 1:14:39 PM PST by tomahawk (http://tomahawkblog.blogspot.com/)
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To: Gucho

"You are one heartless BASTARD"

Gosh! Thanks!


206 posted on 03/30/2005 1:14:46 PM PST by MineralMan (godless atheist)
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To: northernlightsII

Judge William H. Pryor Jr. did not participate in the consideration of the Petition because
he is recovering from surgery performed on Monday, 28 March 2005.

Judge Pryor had surgery and did not participate. I shouldn't have been frustrated at you, it is just this is so maddening.


207 posted on 03/30/2005 1:15:41 PM PST by PhiKapMom (AOII Mom -- Increase Republicans in Congress in 2006!)
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To: justshutupandtakeit

While you pat yourself on the back, others are worrying about a lady who is being killed. Take your ego trip elsewhere.


208 posted on 03/30/2005 1:16:27 PM PST by Norman Bates (Pray for Terri)
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To: McGavin999
I might be wrong, but I think he needed more even than that.

Some technical deadline passed at 11 am today and after that, the hurdle became much higher, if I heard correctly.

Hannity is talking to the sponsor of the Florida legislative bill, Daniel Webster, right now. Don't know if he'll explain the technicalities.

Oops, Webster just kind of abruptly signed off -- sounded like he just couldn't speak anymore from the exhaustion.

209 posted on 03/30/2005 1:16:41 PM PST by shhrubbery!
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To: justshutupandtakeit

PIty you think it's insane to fight for your rights. I hope you remember this the next time some form of tyranny decides to step on you.


210 posted on 03/30/2005 1:17:03 PM PST by livius
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To: Diogenesis

I'm use to be disappointed by my party. GW backing down on Soc. Sec. will be next. Hopefully, I'm wrong.


211 posted on 03/30/2005 1:17:24 PM PST by bluebeak
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To: MineralMan

'Thou shall not murder'

Exd 20:13

'Thou shall not murder'

Deu 5:17

FLORIDA - THE STATE OF JUDICIALLY WROUGHT STARVATION AND DEHYDRATION OF THE INNOCENT, in the NAZI WAY


212 posted on 03/30/2005 1:17:44 PM PST by Diogenesis (Igitur qui desiderat pacem, praeparet bellum)
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To: PhiKapMom

I know many conservatives wanted him there but it seems he failed this test. He was there for the en banc decision and stayed silent. His silence spoke very loud.


213 posted on 03/30/2005 1:18:13 PM PST by northernlightsII
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To: somerville
I still say Gov. Bush has done a fine job.

I can accept the rationale of avoiding a potential armed confrontation and possible impeachment for violating a court order, but I do not agree that JB "has done a fine job". An innocent, young disabled woman is being deliberately starved to death under his watch -- hardly a hallmark of executive proficiency.

214 posted on 03/30/2005 1:18:14 PM PST by glennaro
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To: Irish Rose

The truth is well established for any who really care. But that is not the point for the ringleaders of this three ringed circus. They have gleefully sacrificed truth to wage a campaign of lies and distortions playing upon people's emotions and counting on their lack of clear thinking as they unnecessarily drag out the death of this poor woman for years.

All you have to do to buy into the Schindlers' arguments is believe: All the judges are conspiring to kill Terri, all the doctors are conspiring to kill Terri, all the hospice industry is conspiring to kill Terri, the ENTIRE world is conspiring to kill Terri. Yessir than's some good sensible rational thinking there. DU can do no better.


215 posted on 03/30/2005 1:18:37 PM PST by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: Diogenesis

Apparently, Judge Wilson (Clinton appointee) dissented again.

There is at least one human being with a functioning brain and soul on the Eleventh Circuit.

The other two on the panel are damnable, in my opinion.


216 posted on 03/30/2005 1:18:43 PM PST by tomahawk (http://tomahawkblog.blogspot.com/)
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To: Diogenesis

Murder is killing another person illegally, with malice aforethought.

Thanks for stopping with the drinks and meal count, though. That's something, at least.


217 posted on 03/30/2005 1:18:58 PM PST by MineralMan (godless atheist)
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To: justshutupandtakeit

there is plenty of hate on the other side of this situation, open and obvious on FR and elsewhere.


218 posted on 03/30/2005 1:19:00 PM PST by xsmommy
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To: McGavin999

It is unbelieveable the extremes they have gone and it begs to ask why.

They only lost by three votes. That means for every vote in favor, you take a no a vote away. With two votes you have overcome a three-vote deficit. If you start out 24-21, then it goes to 23-22, and then the second vote would be 22-23 and you win.

Having lived in a State with total Dem control of the Legislature for the past 82 years until this January, you learn to count votes a lot.


219 posted on 03/30/2005 1:19:05 PM PST by PhiKapMom (AOII Mom -- Increase Republicans in Congress in 2006!)
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To: justshutupandtakeit

And what is so insane about a family who loves their child and wants to care for her?? Strike two. You're out.


220 posted on 03/30/2005 1:19:22 PM PST by Norman Bates (Pray for Terri)
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