11th Circuit Court Rejects Schiavo Appeal

ABC ^ | Mar 30, 2005 | RON WORD Associated Press Writer

[jpsb]

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.

[Fred Nerks]

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[bjs1779]

Big surprise here. NOT! I think we all knew they were not going to rule in favor of the Shindler's. Tremendous injustice happening.

If you had a chance to read their ruling, they are PO'd that Congress even entered hemisphere. Imagine that.

[bjs1779]

their hemisphere

[Catholic and Conservative]

Doctors who have most conscientiously examined her agree. Those on the Schindler team do not meet the qualification and often haven't even examined the patient.

Both of the doctors that said she is not in PVS spent far more time with Terri than any of the three that said she is. I wonder, when you refer to doctors who "haven't even examined the patient", you mean the more than 45 board-certified neurologists who say that Terri should be reevaluated. Would there be any harm in giving her an MRI and/or PET scan?

[Dat Mon]

You said..."She's being put to death using a civil law preponderance of the evidence standard, not the beyond all reasonable doubt standard that accused criminals get."

Exactly so.

Your comment will be largely ignored...its a turd in the legal punchbowl which has been set up over the past ten years or so to deal with these end of life issues.

Heres another one...how can a denouvo review of the finding of facts occur in a case where evidence was excluded based on the divorce court protocols of a lowly probate judge...example Terri friends testimony regarding Karen Quinlan.

The fact is...if Terri had been sentenced to death in a criminal proceeding such as what occurred in Judge Greers courtroom...she would NOT have been granted a denouvo review...she would have been granted a NEW TRIAL...with a NEW JUDGE and a NEW JURY.

Or am I missing some legal nuance here?

[bjs1779]

Or am I missing some legal nuance here?

No. That's just what they do down there. Terri is property and she is to be liquidated.

[mountaineer]

Yes, I'm saying I was not defending the kindness of the court, blahblahblah whatever you said. I didn't say the court was "kind," I said it ruled fairly promptly after the filing of the documents. You purported to quote me, using words I never said. If you have to lie to prove your point, you haven't proven your point.

My post was to correct your inaccuracies and misstatements. The ignorance of how the legal system works, as demonstrated on this thread and especially by your posts, is stunning.

[international american]

Nobody is right. We no longer fix any travesty of any kind in America. Karl Rove did a poll on everything wrong with America, and he said nothing worthwhile is worth fixing

[international american]

Well stated.

[Calif Conservative]

" Whatever, anything will do, then a REAL Judge could have intervened"

Anything will do. Do you even hear what you write? IOW, you wanted some state of Florida prosecutor to trump up some charges against the judge (who, by the way, I believe may well be corrupt or at least incompetent). But you just want Gov. Bush to make it up, remove the judge, put in a hand-picked judge, and get that 2nd judge to rule your way.

Sounds familiar. Moscow Center, maybe?

Here's the problem: WE LOST!

I'm not going to tell people, get over it in a condescending way. But to some extent, that's precisely what we have to do. Get over it. We lost. In a court ruling, somebody wins and somebody loses. That's the way the system is supposed to work.

Now we have to figure out how to win the next time. How to make sure it doesn't happen again. How to ensure the United States remains the culture of life, overall, that it has been since its founding.

I pray Terri can be saved. But if she's not saved in this physical world, I have to believe she will find her peace as an innocent victim in the next world.

A lot of people praying on a dark Friday that a much greater person would be saved. To their point of view at that moment, those prayers were ignored. He died on a cross.

But three days later, something unexpected, something amazing happened, the most amazing thing that ever happenend in this world. It was completely unforseen by those who despaired at the foot of the cross. The miracle of the empty tomb changed everything.

-George

[Norman Bates]

Then how can they legally deny it? I'm flabbergasted at their homicidal arrogance.

[nicmarlo]

Then how can they legally deny it?

If they were following the law, yet denied it, their orders are illegal and have, therefore no legal effect. And that's the point. Greer has made orders which are also illegal, because he himself broke Florida laws that had "shall's" after them, for years.

[nicmarlo]

For instance:

Judge Greer has violated Florida Statute 38.10 four times by not disqualifying himself from the Schiavo case when it was requested. The statute states whenever a party to any action or proceeding makes and files an affidavit stating fear that he or she will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party, the judge SHALL proceed no further, but another judge SHALL be designated in the manner prescribed by the laws of this state for the substitution of judges for the trial of causes in which the presiding judge is disqualified.

[Diogenesis]

Article III cannot be heard by Magistrate Judges.

When Congress passed the new law, Greer was OUT automatically according to the law.
But law doesnt matter to scumbag tyrant murderers.

HEALTHFUL DRINKS WITH WARM MEALS SINCE THE ORDER-TO-MURDER-AN-INVALID BY JUDGE GREER
Scumbag Torturer and Murderer-At-Will, The Imperial Pinellas County Judgenfuhrer Greer ..... 58
............................................................................................ Terri Shiavo 0
............................................................................................ Lee Malvo 51
...................................................................................... Scott Peterson 49

[nicmarlo]

Additionally, see:

Schiavo Case Tangled Web of Deception, Corruption

and

Schiavogate---The Big Cover-up

and

Judge Greer Breaks Law To Ensure Death

[nicmarlo]

When Congress passed the new law, Greer was OUT automatically according to the law. But law doesnt matter to scumbag tyrant murderers.

And the federal courts are only interested in protecting their turf illegally as well, not the rights afforded every citizen under the US Constitution.

[Diamond]

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.

³⁰ Then Elijah said to all the people, "Come here to me." They came to him, and he repaired the altar of the LORD , which was in ruins.

³⁶ At the time of sacrifice, the prophet Elijah stepped forward and prayed: "O LORD , God of Abraham, Isaac and Israel, let it be known today that you are God in Israel and that I am your servant and have done all these things at your command. ³⁷ Answer me, O LORD , answer me, so these people will know that you, O LORD , are God, and that you are turning their hearts back again."

    ³⁸ Then the fire of the LORD fell and burned up the sacrifice, the wood, the stones and the soil, and also licked up the water in the trench.

    ³⁹ When all the people saw this, they fell prostrate and cried, "The LORD -he is God! The LORD -he is God!"

There are other passages in the Bible concerning public prayer. Jesus was condemning the hypocrisy of the Pharisees and Scribes who "devour widows’ houses, and for appearances sake, offer long prayers."

Cordially

[jstolzen]

Saw some interesting tidbits lately..

- On CNN (I think) on Monday night, they ran a piece about an elderly gentleman who was dying (of something - didn't catch it), and he apparently decided to end it all on his own time and place. Paula Zahn wrapped up the segment by saying "what a brave and beautiful man" and added yet another stat about how such a HUGE percentage of the US population believes in "the right to die".

- Today, on the local NBC station was another stat.."78% of the US believes the 'right to die' is a basic right to privacy and one that we all should be able to make".

Then, you read Reuters, AP, Time Mag, etc, etc, etc. All of a sudden, Euthanasia is the "en vogue" thing of the moment. Everyone in the far left press saying how "wonderful" it is, and how people can "leave this world in peace".

Face it, gang. Shiavo is the "Roe v. Wade" of Euthanasia.

THAT, my friends, is why the courts have been defying logic, ignoring the law and are hell bent on killing the poor woman - despite the fact she arguably could have lived another 30 years or so in her parent's care.

We need to do everything possible to stem the tide. There's a significant "agenda" at work here, and it ain't pretty.

[over3Owithabrain]

Yep - people who think this is some isolated backwater swamp story better wake up. The liberals got a HUGE win out of this. As usual, moderates sit by and act oh-so-above it all. Dead babies in the womb and dead cripples shouldn't concern us I suppose.

[northernlightsII]

I reread your post your are an apologist for the court prompt attention.
If your interpretation of justice is prompt review of court filings then you are ignorant.