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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: wallcrawlr
Please clarify, what kind of death row cases do you mean?

The ones where the condemmed keeps getting an execution date set then at the last minute potponed. This happens with most execution scenarios.

301 posted on 03/30/2005 1:51:56 PM PST by Semper Paratus (-)
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To: northernlightsII
Actually, it is legal to withhold antibiotics for no valid medical reason, if the patient or their guardian don't want them.

I'd love to continue the discussion, if you'll clarify for me who "those like you" are.

302 posted on 03/30/2005 1:51:57 PM PST by lugsoul
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To: Kenny Bunkport

Yup, everyone but RINOs/secular_RATs and the courts lose.


303 posted on 03/30/2005 1:53:28 PM PST by jpsb
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To: oldvike; Truthsearcher
I would suspect most of those who are criticizing Jeb aren't willing to go all the way either. Look at how many of them are posting here rather on down there at the hospice risking being arrested to give her water. Exactly!

Uh, nobody at freerepublic is governor of Florida. All we're asking Jeb to do is be governor, and not let a swamp judge sieze executive authority (by ordering local cops to shoot state officials if they try to rescue Terri). Jeb has allowed his constitutional powers to be usurped by a backwater judge. Jeb is a poll-driven wimp. Most politicians are, of course, but it's particularly sad here, because his higher instincts told him he needed to help Terri - but his lower instincts - fear - won out. Terri dies - and so does some of the legitimate constitutional authority of his office, which he has allowed to be stolen and diminished by Judge Greer.

304 posted on 03/30/2005 1:53:42 PM PST by churchillbuff
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To: antiRepublicrat

Judgenfuhrer Greer: "I decide what I want.
THEN I make the "facts" fit. I'm blind anyway."

Florida - The State of Human Torture and Prolonged Starvation

305 posted on 03/30/2005 1:54:10 PM PST by Diogenesis (Igitur qui desiderat pacem, praeparet bellum)
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To: tomahawk
His point - which I got despite the fact that he did not make very it very well - was that the dispute over her condition was "cleared up" by the judge as finder of fact...so Shep's logic (or that of those writing his copy) was that the courts heard the disputes and decided on the side of "yes, she is in PVS" so we unwashed masses are to now accept that as FACT rather than one of several differing opinions. Following that logic...It is a FACT that OJ Simpson is NOT GUILTY. I don't hear the talking heads going around touting that outcome as FACT. Quite the contrary. The hypocrisy of the elite infuriates me like little else.
306 posted on 03/30/2005 1:54:11 PM PST by Kylie_04
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To: jpsb

Nuts.
Prayers going out.


307 posted on 03/30/2005 1:54:43 PM PST by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: northernlightsII
"dispassionate" being the oprative word as in cold as a rock.

"Dispassionate" being the operative word, as in going by the law without bias as judges are supposed to do rather than going by feelings, which they aren't.

308 posted on 03/30/2005 1:54:57 PM PST by antiRepublicrat
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To: justshutupandtakeit

If Terri has been gone for years, who is that smiling when her family speaks to her? Why is it she only does that when family talks to her, and no one else?

No, FRiend, she is still there. But her brain is too badly damaged for her to do anything else. No treatment will be able to bring her back, though she probably could have a slightly better life with therapy. But walk and talk ever again? Not in this lifetime.

My fight in this is whether or not she recieved justice at the hands of an incompetent judge, and a judicial system loathe to overturn a flawed, but legally defensible, ruling. It goes against the very concept of the nation to allow this to stand.


309 posted on 03/30/2005 1:55:35 PM PST by ex 98C MI Dude (Our legal system is in a PVS. Time to remove it from the public feeding trough.)
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To: justshutupandtakeit

The fact that thousands of elderly and impaired people are quietly dispatched daily by a complicit medical establishment and families often eager of lightening the burden and settling the estate does not make it right.
There are thousands of murders rapes assault perpetrated every year, those are still criminal acts. The prevalence of a vicious act is no defense to its criminality.


310 posted on 03/30/2005 1:55:48 PM PST by northernlightsII
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To: Zechariah_8_13

"Your moral compass is defined by the courts?"

Certainly not. My moral compass comes from the social mores of the world. In the USA, those are expressed in our laws. The definition I gave of murder is typical of that in our laws. I can find no real fault with it.

Perhaps you have a different definition. If so, let's see it.

Mine works pretty well. Murder is the ILLEGAL killing of another human being, with malice aforethought. That exempts things like killing in the military, or by a policeman, or in self defense. The malice part is important, too, since it is a definite part of the definition of murder.

If you kill someone illegally, but without any malice, as in a car accident while you were intoxicated, then it is manslaughter, not murder.

It's a pretty good definition of murder, IMO. It's the one I use as part of my personal code of conduct. Do you have any objections to it?


311 posted on 03/30/2005 1:55:59 PM PST by MineralMan (godless atheist)
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To: churchillbuff
The Bush brothers have given them an example of craven cowardice, and that example also translates into a message: """Hunker down until this all blows over; Terri will be cremated and people will forget; freepers will soon go back to praising Bush as a fearless leader."""

Some have never stopped praising, don't ya know?

I'm done with the Bushes. They have shown themselves for what they are, pawns of Karl Rove. Savage is right.

And, you're absolutely right, they're counting on the short memories of the American public. But, once I'm turned off to a pol, I don't turn on again.

312 posted on 03/30/2005 1:56:17 PM PST by La Enchiladita ("I try to speak for those who have no voice. Terri Schiavo has no voice." - Patricia Heaton)
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To: Kylie_04

By his reasoning, if a judge says a dog is a cat, it is a cat.

Judges are not gods, but they will act like gods if we allow them to.

We are allowing it now.


313 posted on 03/30/2005 1:56:28 PM PST by tomahawk (http://tomahawkblog.blogspot.com/)
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To: Diogenesis

Yeah, because the Nazi extermination machine is exactly the same as a husband wanting to end the suffering of his wife.

May you never be in a situation where you are left to suffer for 15 years while your family squabbles over how to deal with you.


314 posted on 03/30/2005 1:56:33 PM PST by Lunatic Fringe (North Texas Solutions http://ntxsolutions.com)
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To: Semper Paratus

ok, i dont think it equates.

A better example would be if someone were electrocuted slowly, or given drugs to bring them in an out of consciousness...teasing/torturing them with their death.

Sitting in a cell waiting to me is not the same.


315 posted on 03/30/2005 1:57:07 PM PST by wallcrawlr (http://www.bionicear.com)
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To: Kenny Bunkport
One day, while at work in California, I saw a cat that had been allowed to hang out at our shop and was being fed, play with a lizard; the cat would step on the lizard's tail, watch it twist and turn and strain to get away. Then, the cat would suddenly release it's paw grip and wait until the poor creature had scurried a foot or so; at that point it would pounce back upon his tail and trap him again.

Once, the cat let the lizard get almost to the safety of the fence only to pounce again.

Finally, the cat bit down on the lizard's spine, gave it a shake and walked away toward his feeding bowl.

316 posted on 03/30/2005 1:57:08 PM PST by Old Professer (As darkness is the absence of light, evil is the absence of good; innocence is blind.)
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To: xsmommy

No it is not "obvious" that there is anywhere near the hate on the other side. I have seen very little evidence of any from that side. The other side hates the judges, the lawyers, the President, the Governor, the doctors, the hospice, the husband, the husband's family and ANY doubters.

This case has generated unprecedented hostility and rancor at FR far surpassing anything I have seen and the damage it has caused will be long lasting particularly as the pro-Schindler group trashes anyone and everyone even those which tried to help it. This is a dream come true for the RATS.


317 posted on 03/30/2005 1:58:24 PM PST by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: justshutupandtakeit

Ah! Another Felos disciple of the death is good advocacy program.
And you call people nutcases?


318 posted on 03/30/2005 1:59:46 PM PST by northernlightsII
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To: mountaineer
No action is decided immediately upon filing. Issuing a ruling in one day is extremely prompt.

I wonder how much sleep these judges have had in the last week and a half. Given the timing of the decisions, I'd bet not much.

319 posted on 03/30/2005 2:00:07 PM PST by antiRepublicrat
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To: Lunatic Fringe
".... husband wanting to end the suffering of his wife. "

What a joke.

IF he cared, some of the $$$$ would have gone to the "suffering" wife.


This is the 'tip of the iceberg' of what Terri and her family are up against.

Here’s where Terri Schiavo Insurance money went:

These funds, the result of a malpractice suit, were meant solely to provide for Terri Schiavo’s care and rehabilitation.
=======================================================================================
Atty. Gwyneth Stanley - $10,668.05
Atty. Deborah Bushnell - $65,607.00
Atty. Steve Nilson - $7,404.95
Atty. Pacarek - $1,500.00
Atty. Richard Pearse (GAL) - $4,511.95
Atty. George Felos - $397,249.99
1st Union/South Trust Bank – $55,459.85
Michael Schiavo - $10,929.95
Total: $545,852.34


Neglect and abuse complaints is that Michael Schiavo:

* Has not allowed therapy or rehabilitation since late 1992.
* Has prevented swallowing tests or swallowing therapy since 1993.
* Ordered caretakers not to clean Terri's teeth since 1995, resulting in removal of five teeth in April 2004.
* Placed Terri in hospice in 2000, despite the fact she is not terminally ill.
* Refuses to allow Terri to leave her room. She has not been outside since 2000.
* Ordered doctors not to treat Terri when she had a life threatening infection in 1993 and 1995.



Virtually as soon as Michael Schiavo received the monies from the medical malpractice claim involving his wife, Terri Schindler-Schiavo,
he withheld all therapy and rehabilitation services from her.

Terri Schiavo had sustained a serious brain injury as the result of a suspicious incident in their home in 1990 and in 1992,
her husband had filed claims against several of her former doctors, claiming her “collapse” was caused by a misdiagnosis.
He received over $1.5 million in 1993 including $750,000 which had been specifically earmarked by the trial jury for Terri’s rehabilitation based on a life expectancy of 50 years.
Mary and Bob Schindler Sr., her parents, consulted a St. Petersburg attorney about removing Michael Schiavo as their daughter’s guardian and discussed the case at length with him.
Unfortunately, the Schindlers did not have the amount of money the attorney demanded as a retainer to take the case.
That attorney became the judge in the case-----a totally prohibited conflict of interest.
Thereafter, the attorney-judge approved the hiring of George Felos as the attorney for Schiavo to be paid from the trust fund and the stage was set for her judicial homicide.
The judge wasn’t George W. Greer.
It was Mark I. Shames.


The money was then diverted to the Judicide G reer.

 

GREER DONOR

AMOUNT

POSITION

ACTION

Lawyers For
Michael Schiavo

Hamden Baskin III   

Felos & Felos           

Deborah Bushnell    

Gyneth S. Stanley   

Steven Nilsson        

Beth Wilson             

 

$500  & $500
$250
$250
$150 and $250
$250 and $250
$250 and $100

Michael Schiavo’s Lawyer[s]

Greer
denies many or all of Schindler’s in favor of Felos
Greer Allows hearsay as evidence/disallows Schindler’s statements

Felos former chairman of board
of directors of Hospice of Florida Suncoast

 

 

Daniel Grieco                

 

$300

Employer of Michael Schiavo at time of Feb. 25, 1990 then attorneyOf record for Michael up until the malpractice award,
 

Incident when injuries occurred to Terri,Reappeared as attorney for selected pleadings

State/County
Employees/Elected

Frank Nagatani

$50 and $50

 

DCF Attorney

Squashed
testimony for DCF Investigator to appear on behalf of abuse allegations

 

Bernie McCabe

In-Kind

State Attorney

Allowed underling to appear in campaign ad for Greer
Will not call Grand Jury

 

Everett Rice

$500 & In-Kind

Sheriff/State Rep

Didn’t conduct criminal investigation into what really happened to Terri or allegations of abuse after initial incident
Allowed Deputy & use of county property to appear in campaign ad for Greer

 

John Carassas

$100

 

Deputy Attorney General

Florida Deputy Attorney General, involvement with
Rice in Sept. 2003 motion for Greer recusal dueTo improper discussion of case
 

 

James Hellickson        

 

$150 & In Kind

Assistant state attorney in office of Bernie McCabe, Pinellas/Pasco State Attorney


Appeared in Greer Campaign Ad

 

 

Paula Shea

In Kind

Assistant Pinellas Public Defender

Appeared in Greer Campaign Ad 

 

Andrew
Sasso            

 

$100

Officer in Guardianship monitoring program and

Guardian ad litem pool

Was supposed to:
“evaluate information about the well-being and property of all persons adjudicated of having a legal incapacity so that the court can fulfill its legal obligation to protect and preserve the interests of the ward,”
FL COURTS

Misc. People w connections

Richard La Belle           

 

$100

Member of Board of Directors of
Advocacy Center
for Persons with Disabilities

Supposedly ACPD
doing investigation into Schiavo case
 

 

Battaglia, Ross, Disus and Wein     

 

$250

Principal Kelli Crabb is past chairperson of Hospice Foundation of Florida Suncoast and member of Board of directors
 

 

 

Gus Bilirakis       

 

$40 cash

Former Hospice Board member and of American Hellonic Education Progressive Assoc. (AHEPA)
 

Felos past Governor

 

Divito and Higham           

 

$250 and $250

Law firm employed by St. Petersburg/Venice
Dioceses

Terri’s Dioceses

 

 

 

 


More? Click here


The Rule of Terri's Case Strikes Again. -2004- Judge Greer's crimes


Law conveniently changed by Hospice where Terri is dying


MICHAEL SCHIAVO's private Insurance company
JERGER & CENTONZE INSURNACE AGENCY, INC.
Notice how 'insurance' is conveniently misspelled


MICHAEL SCHIAVO'S lies and contradictory testimony in easy to read format


scientology_and_terri_schindler_schiavo_death_connection


Judgenfuhrer Greer: "We black-robed Mullahs are fully aware that our Fatwahs
ordering death by starvation for the handicapped
are IDENTICAL to the penalty used by the Nazis for innocent people trying to escape Auschwitz crematoria.
We shall now add 'First Night' and rape to our options. "



DOCUMENTS TYING MS's LAYWERS TO THE HOSPICE

More info on the tangled web the Florida Judiciary has woven here


Hope that helps.

320 posted on 03/30/2005 2:01:04 PM PST by Diogenesis (Igitur qui desiderat pacem, praeparet bellum)
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