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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: glennaro

>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.<

Specifically, what is it that the brothers Bush should have done from their respective perspectives?

A lot of folks tell the President and the Florida governor to "step up." The posters never give any suggestions.

What, short of a shootout that apparently would have happened at the hospice had the governor acted with armed force, should they have done differently during the last several weeks?

-George


361 posted on 03/30/2005 2:12:11 PM PST by Calif Conservative (RWR and GWB backer)
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To: antiRepublicrat

repeat after the judges...
Lawyers in dresses know all,lawyers in dresses know all.


362 posted on 03/30/2005 2:12:20 PM PST by northernlightsII
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To: Diogenesis

Are you ever going to post actual discussion instead of bad Nazi links and inapplicable miniseries references?


363 posted on 03/30/2005 2:13:57 PM PST by antiRepublicrat
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To: justshutupandtakeit
She has been gone for a decade or more. The refusal of the parents to face facts doesn't change that. That refusal has subjected Terri to a fate worse than death.

How can a person who is "gone," also be subject to a fate worse than death at the same time?

If she feels and thinks nothing, how can she be suffering

Screwy things that the "Kill-Terri" hordes have said and done (and the list keeps growing)

364 posted on 03/30/2005 2:14:03 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: northernlightsII

Well, since you obviously want to ascribe positions to me I haven't stated, I see no point in further discourse.


365 posted on 03/30/2005 2:15:16 PM PST by lugsoul
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To: Diogenesis

If the law of the Land is vermin then you are right. I "support" no one but have had to face facts and allow the one I loved most to go to her maker.

Every competent medical authority agreed Terri was hopeless from the first. We can all hope and pray for miracles but waiting fifteen years is long enough to convince most that they are not forthcoming.


366 posted on 03/30/2005 2:15:41 PM PST by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: Diogenesis

I thought the same thing last week when the Fla. legislature refused to step in to help. I actually emailed some of those reps with a comment similar to yours. I told them to just remember their lack of compassion and mercy when they next have their hands out for hurricane relief at the expense of the national taxpayers..

My thoughts may matter if they cared, but they don't. Probably was a total waste of time.


367 posted on 03/30/2005 2:15:45 PM PST by austinaero
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To: GianniV
"Remmber - they are LAWYERS. Enough said.

So we dont need em eh? Ok big guy, try representing yourself next time you are in a serious accident involving injuries and multiple parties.

368 posted on 03/30/2005 2:16:24 PM PST by Windsong (FighterPilot)
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To: jpsb

I've never taken the Schindler's side in this, but this is getting cruel. The court should quit agreeing to these last minute reviews, which only serve to give these grieving parents false hope, only to crush it the next day.


369 posted on 03/30/2005 2:16:31 PM PST by Melas
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To: justshutupandtakeit

Obviously, you have not wanted to look at the facts. Part of Terri's brain function is gone. She has not needed a respirator or heart stimulator in order to live. She has needed a tube to deliver her nutrition and hydration effectively. I do not know what her potential for rehab would have been; probably not as much as her parents choose to believe.

However, she could be maintained comfortably and die a natural death while on tube feeding. The alternative that her unfaithful spouse has chosen, via a sadistic judge, is to not only starve but DEHYDRATE the woman to death.

Are you saying that Terri not being "all there" merits this extremely cruel murder-upon-demand? Are you proud to be an American today?


370 posted on 03/30/2005 2:16:46 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: Calif Conservative
The POTUS did everything he could, and then some.
America is lucky and very blessed to have him in the Oval Office.

Jeb OTOH as Chief LEO of FLA could have acted rather than merely announcing.


371 posted on 03/30/2005 2:17:16 PM PST by Diogenesis (Igitur qui desiderat pacem, praeparet bellum)
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To: tomahawk

You are correct. And therein lies the REAL problem with what we are seeing happen in Pinellas. Not to be melodramatic, but I fear for the fate of our Republic.


372 posted on 03/30/2005 2:17:50 PM PST by Kylie_04
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To: lugsoul

Please indicate 1 post where you have criticized the rulings of the courts in this matter, whther in law or on the facts.


373 posted on 03/30/2005 2:18:05 PM PST by northernlightsII
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To: Taliesan
I'm sure that was the motto of the SS.

It's "Meine Ehre Heist Treue" = "My Honor is Loyalty"

374 posted on 03/30/2005 2:18:06 PM PST by antiRepublicrat
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To: Lunatic Fringe

he has the power to uphold the constitution! If the judge is legislating from the bench, someone , sometime, is going to have to stand up for the rights of the poeple!!! Enough said. I am exhausted!!!!!!I will renew my strength, and get back up for the FIGHT. WE MUST FIGHT THIS INJUSTICE!!!!!


375 posted on 03/30/2005 2:18:20 PM PST by pollywog (Psalm 121;1 I Lift my eyes to the hills from whence cometh my help.)
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To: Melas
The court should quit agreeing to these last minute reviews, which only serve to give these grieving parents false hope, only to crush it the next day.

That's exactly what they did, rub salt in the wound.

376 posted on 03/30/2005 2:18:32 PM PST by Reaganwuzthebest
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To: MineralMan
Thanks for not chastizing me for praying in Church as well as in private.

Morse code SOS for Terri -- post post post pray pray pray post post post

377 posted on 03/30/2005 2:18:44 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: northernlightsII

Here's their opinion

BEFORE: CARNES, HULL, and WILSON, Circuit Judges.
Furthermore, de novo? We do't nee no stinkin' de novo hearin'!

WILSON, Circuit Judge, dissenting:
I dissent.

378 posted on 03/30/2005 2:19:13 PM PST by TeleStraightShooter (USMC: Putting MMoore's "MinuteMen", the Fallujah Snuff Video Productions, Out Of Business)
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To: justshutupandtakeit
Those who disagree with your vicious opinion are "not competent"?

I disagree with you.

379 posted on 03/30/2005 2:19:52 PM PST by Diogenesis (Igitur qui desiderat pacem, praeparet bellum)
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To: justshutupandtakeit
Dragging out a death for years unnecessarily is far from love.

Terri was not dying until Judge Greer ordered her to die. In fact, as of this moment, Terri is still alive. How do you account for that?

380 posted on 03/30/2005 2:22:06 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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