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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: Reaganwuzthebest
Do we have any judges with a conscience in this country

Yes ... but they're very rare

21 posted on 03/30/2005 12:31:44 PM PST by clamper1797 (This Vietnam Vet ain't Fonda Kerry)
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To: All
Decision
22 posted on 03/30/2005 12:31:55 PM PST by BigEdLB (BigEd)
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To: bluebeak

I am sick about all of this. What is the use of voting for republicans if they do not govern as such. This and take a look at the TX legislature a den of li=ars and thieves.


23 posted on 03/30/2005 12:32:09 PM PST by TXBSAFH (Never underestimate the power of human stupidity--Robert Heinlein)
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To: jpsb

So is Levin's followup book to be "Murderers in Black"? Just ****

("just damn" doesn't do it justice)


24 posted on 03/30/2005 12:32:18 PM PST by Christian4Bush ("In Common" for 1000, Alex: Beached whale, terrorist, juvenile murder 1. "Whom can U not starve?")
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To: dc-zoo

"Just what I thought would happen."

Same here. It shouldn't be a surprise.

It was just false hope o behalf of the Shindlers.

You know, maybe the good Lord wants Terri in heaven. Ultimately it is His will that will prevail.


25 posted on 03/30/2005 12:32:19 PM PST by nmh (Intelligent people recognize Intelligent Design (God).)
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To: jpsb

Thanks. Your post was perfectly clear to me BTW.


26 posted on 03/30/2005 12:32:20 PM PST by plain talk
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To: jpsb

URGENT
11th Circuit rejects latest appeal by Terri Schiavo’s parents
Eds: UPDATES throughout with quotes from the decision.
With BC-Brain-Damaged Woman-Monks, BC-Brain-Damaged Woman-Timeline
AP Photos FLSN105, FLEV114, FLPET101
AP Graphic SCHIAVO CARE
By JOHNNY CLARK
Associated Press Writer
ATLANTA (AP) — With time running out for Terri Schiavo, a federal appeals court Wednesday rejected her parent’s latest attempt to get the brain-damaged woman’s feeding tube reconnected.
More than 15 hours after agreeing to consider an emergency bid by Bob and Mary Schindler for a new hearing in their case, the 11th U.S. Circuit Court of Appeals handed down its ruling.
“Any further action by our court or the district court would be improper,” Judge Stanley F. Birch Jr. wrote in a concurring opinion.
“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 wrote.
To be granted, the Schindlers’ request would have needed the support of seven of the court’s 12 judges. The court did not disclose the vote breakdown, but the order did say Judge William Pryor did not vote because he is recovering from surgery.
Three times last week, the court also ruled against the Schindlers.
In requesting the new hearing and a court order for their daughter’s feeding tube to be reconnected, 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 muster under state law. The Schindlers’ motion also said the Atlanta-based federal appellate court didn’t consider whether there was enough “clear and convincing” evidence that Terri Schiavo would have chosen to die in her current condition.


27 posted on 03/30/2005 12:32:23 PM PST by Brian Mosely (A government is a body of people -- usually notably ungoverned)
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To: jpsb

Jeb, it's not too late to take action. Please!


28 posted on 03/30/2005 12:32:28 PM PST by Aquinasfan (Isaiah 22:22, Rev 3:7, Mat 16:19)
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To: Centurion2000

Thankyou AdminModerator, you have saved me from many many flames. Typing is not my strong suit. This is sad news, the fallout will be big.


29 posted on 03/30/2005 12:32:29 PM PST by jpsb
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To: jpsb

So much for the right to life.


30 posted on 03/30/2005 12:32:38 PM PST by sageb1
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To: bluebeak

Florida lawmaker says he will consider impeaching Schiavo Judge Greer

http://www.freerepublic.com/focus/f-news/1373930/posts

Jess just arrived back at hospice


31 posted on 03/30/2005 12:33:09 PM PST by JustPiper (NoE your Enemy !!!)
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To: jpsb

Big surprise. Agreeing to hear an appeal they knew they would reject is pure cruelty.


32 posted on 03/30/2005 12:33:26 PM PST by thoughtomator (Order "Judges Gone Wild!" Only $19.95 have your credit card handy!)
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To: bluebeak

Terri would have been dead two years ago if it weren't for JEB's help, not to mention what he's done this time. Step back and take another look at it.


33 posted on 03/30/2005 12:33:36 PM PST by Petronski (If Reichskanzler Greer can kill Terri, who will be next?)
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To: Diogenesis

Bump Dio!


34 posted on 03/30/2005 12:33:46 PM PST by JustPiper (NoE your Enemy !!!)
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To: clamper1797
Yes ... but they're very rare

And getting rarer by the day.

35 posted on 03/30/2005 12:33:49 PM PST by Reaganwuzthebest
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To: Brian Mosely

And Jesse Jackson is back in Pinellas Park.


36 posted on 03/30/2005 12:34:01 PM PST by Catspaw
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To: BigEdLB

I guess all those Reagan and G.H.W.Bush appointees aren't worth the hot air and rhetoric Republicans have offered over the years.


37 posted on 03/30/2005 12:34:16 PM PST by Norman Bates (Pray for Terri)
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To: JustPiper

The news media is running after him at this moment on the site of the murder hospice.


38 posted on 03/30/2005 12:34:28 PM PST by WestCoastGal (Bristol~2 get a tkt to a race there is like trying to slip an out of spec car thru NASCAR inspection)
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Comment #39 Removed by Moderator

To: JustPiper

No it's over in the Senate. They will let her die.


40 posted on 03/30/2005 12:34:41 PM PST by northernlightsII
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