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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: johnb838

There is a reason: He is afraid.


241 posted on 03/30/2005 1:27:46 PM PST by tomahawk (http://tomahawkblog.blogspot.com/)
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To: Kylie_04

They make it sound like if you're PVS you got to go, and maybe that's the case. I strongly suggest no one make a living will like that because it will be used against you. And watch out what sorts of statements you make or it will be "well, you once said it so too bad, so sad, you gots to DIE DIE DIE!" Just so Felos can get his jollies.


242 posted on 03/30/2005 1:28:00 PM PST by johnb838 (Thy Will, Not Mine, Be Done; No abortion, no euthanazia. NEVER!)
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To: snarkytart

KOW meant KNOW


243 posted on 03/30/2005 1:28:10 PM PST by snarkytart (You're Gutless. You're Undressed.)
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To: Cathy

IIRC, she was a prosecutor.


244 posted on 03/30/2005 1:28:42 PM PST by Kylie_04
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To: lugsoul

My statement was perfectly congruent with the rulings in this case.


245 posted on 03/30/2005 1:28:43 PM PST by northernlightsII
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To: fromunda
THESE A HOLES THINK THEY RUN THE COUNTRY!!!!

"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."

Birch went on to scold President Bush and Congress for their attempts to intervene in the judicial process, by saying: "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."

A bunch of cowards not willing to say whether or nor the law just passed by Congress is constitutional.....

246 posted on 03/30/2005 1:28:58 PM PST by Fred
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To: snarkytart

"NOW IS KOW WHAT THE ABUSE BUTTON IS FOR! "

Huh?


247 posted on 03/30/2005 1:29:23 PM PST by MineralMan (godless atheist)
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To: syriacus
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."

WHAT? Is she high?

248 posted on 03/30/2005 1:29:30 PM PST by agrace
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To: bluebeak

Frankly, I don't CARE about SS that much. To me it's a red herring compared to CLEAR and PRESENT dangers the Republic is facing RIGHT HERE and RIGHT NOW!


249 posted on 03/30/2005 1:29:53 PM PST by johnb838 (Thy Will, Not Mine, Be Done; No abortion, no euthanazia. NEVER!)
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To: bluebeak

You are a newbie undermining the rule of law by posting irrational and virulent attacks on the Bushes for not ignoring the law like a tinhorn dictator.


250 posted on 03/30/2005 1:30:21 PM PST by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: justshutupandtakeit

Judge Greer, thanks for your comments...


251 posted on 03/30/2005 1:30:40 PM PST by Fred
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To: jpsb

One last time:

Actually doing research on Michael Schiavo being an abusive spouse is not entirely clear. For one thing, the courts granted his petition to seal medical records for Terri up until 2002, so they didn't have the evidence until then. I'm not sure if the statute of limitations apply.

Some doctors at CodeBlueBlog have been analyzing the medical history of Terri in 1990 after she was admitted after her "collapse". Their startling conclusion: her brain damage did not happen before being hospitalized, but AFTER. On what basis? Her CT scans were perfectly fine until over a month after admittance. Another conclusion: she was hit over the head or dropped on her head, causing internal bleeding WHILE IN THE HOSPITAL. Basis: the CT scan history.

In another of their blogs, they analyze her 1996 CT scan and notice a shunt tip in her scan. Conclusion: remove that and her brain functions may improve dramatically. Basis: medical experience.

NEXT: abuse was thoroughly investigated by the courts? Not at all. Despite all the allegations, despite a psychologist expert witness testifying that Michael Schiavo fits the profile of a wife abuser and recommended investigating him for causing injuries to her, despite suspicious in-admittance forensic evidence of physical trauma (femur, ribs, neck) and probable strangulation, the courts DID NOT HEAR the allegations at all. THEY DID NOT INVESTIGATE despite complaints, even to the police.

NEXT: Mr Schiavo has no option since it is expensive to pay for Terri's upkeep? Then whatever happened to over $1 million that was won in a malpractice lawsuit on Terri's behalf in 1993? The reason why that amount was awarded was for her care. But court records show that Mr. Schiavo DISALLOWED ALL TREATMENTS AND REHAB almost immediately after winning that lawsuit. By 1998, almost $700,000 was still in Terri's funds (the original award for her was $700,000; $300,000 went to Michael as guardian). Since no rehab and treatment was sought since 1993, and since Terri's upkeep in hospice is paid for by Medicaid, WHAT IS ALL THAT MONEY DOING SITTING THERE UNUSED?

http://64.233.167.104/search?q=cache:cWZkrgHNfUkJ:treyjackson.typepad.com/junction/2005/03/video_scarborou_4.html+%22dropped+on+her+head%22+Terri&hl=en


252 posted on 03/30/2005 1:30:47 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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To: MineralMan

Correction. Murder is the deliberate, malicious shedding of innocent blood. Whether or not it is legal according to the state is irrelevant.


253 posted on 03/30/2005 1:31:24 PM PST by frgoff
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To: MineralMan
Why are you sooo obviously distressed, poor child? Are you enjoying being antagonistic ? Is this time for your daily nap or temper tantrum? Rest. I will pray for you to be comforted. And, please, don't trouble yourself in an effort to look up Bible versus for me, though you might read them yourself. if you desire. Our Lord has us instructed us to pray in our own words, which come from our heart and are more pleasing to Him. And, so, in peace, my troubled man, I will offer prayer and hugs for you.

May the soft rain from Heaven drop gently on you and quell your burning anger. May you be washed free of unrest and discontent and your tension be relieved. And may your heart be sofened to allow that when you encounter peaceful peoples of faith you quietly accept the equal value of their rights. Amen.

Image Hosted by ImageShack.us

254 posted on 03/30/2005 1:31:28 PM PST by CitizenM (An excuse is worse and more terrible than a lie, for an excuse is a lie guarded. Pope John Paul II)
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To: Jrabbit

They don't strike me as insane. Felos does.


255 posted on 03/30/2005 1:31:30 PM PST by johnb838 (Thy Will, Not Mine, Be Done; No abortion, no euthanazia. NEVER!)
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To: MineralMan

The bible also says to spread God's word.


256 posted on 03/30/2005 1:32:33 PM PST by conservativebabe
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To: Tennessee_Bob

Bingo. It is much easier to grandstand and be holier-than-everyone when they don't have to consider tearing down the whole system of government themselves.


257 posted on 03/30/2005 1:32:39 PM PST by Constantine XIII
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To: MineralMan

I'm not sure what I said but I sure got my post jerked. If it's the one I think it was I assure you I was only advocating defensive measures.


258 posted on 03/30/2005 1:32:52 PM PST by johnb838 (Thy Will, Not Mine, Be Done; No abortion, no euthanazia. NEVER!)
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To: johnb838

That's much better than the post that got pulled, IMO.


259 posted on 03/30/2005 1:33:06 PM PST by MineralMan (godless atheist)
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To: tomahawk

Naw, I think it was something specific. It's like O'Reilly and the blackmail from the rats. He just caved so suddenly. I think it must be blackmail.


260 posted on 03/30/2005 1:34:40 PM PST by johnb838 (Thy Will, Not Mine, Be Done; No abortion, no euthanazia. NEVER!)
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