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Schiavo parents plan new US Supreme Court appeal (Supreme Court rejects appeal)
Agence France-Presse ^ | 3/31 GMT | AFP

Posted on 03/30/2005 4:10:20 PM PST by Jim W N

PINELLAS PARK, United States (AFP) - As a brain-damaged woman passed her 12th day without food or drink in a hospice here, Terri Schiavo's parents are planning to again petition the US Supreme Court to intervene, their lawyer said.

As a brain-damaged woman passed her 12th day without food or drink in a hospice here, Terri Schiavo's parents are planning to again petition the US Supreme Court to intervene, their lawyer said. Bob and Mary Schindler have been rebuffed by a series of courts in recent weeks and days, their latest setback came Wednesday after the 11th US Circuit Court of Appeals rejected their appeal to reopen the case into whether their daughter's feeding tube should be reinserted.

But the woman's parents appear set to continue waging their legal battle.

"I can confirm for you that we are now preparing to file an appeal with the United States Supreme Court," the Schindler's lawyer, Steve Kluth, said in a statement issued by his office.

However, the Schindlers have already been rebuffed once by the US' highest court in Washington on March 24.

Terri Schaivo's feeding tube was removed March 18, triggering an intense legal battle and a right-to-life political storm that sparked the involvement of the US Congress and US President George W. Bush.

Bush signed legislation backing a federal court review of Terri's case -- she has been in a persistent vegitative state for 15 years -- but the federal courts have so far declined to intervene on her behalf.


TOPICS: Constitution/Conservatism
KEYWORDS: schindleristas; terribots
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To: Madeleine Ward

They've stated that they want to be able to stand before God and say they tried every single route and did not give up.

You would do the same if you love your child. You couldn't live with yourself wondering, "what if we went just one step further..."

Whether ot not it's insane, I can't judge, but if there were ever something that could drive a person insane, watching helplessly as your child is dehy/starved to death is probably near the top of the list.


381 posted on 03/31/2005 5:07:50 AM PST by Rutles4Ever
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To: JoeGar
"Lives" is a condition, not a quality. Once we define "living" with "quality of life" like something you find in a travel brochure, the essence of existence becomes a matter of opinion (is this person really "living" under these conditions? Let's take a poll and figure out when life becomes "unlivable") instead of a matter of fact (a quadriplegic has a tragic, dependent existence, but they still live).
382 posted on 03/31/2005 5:13:30 AM PST by Rutles4Ever
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To: american colleen

Good Morning,
Excellent Point. Bump.


383 posted on 03/31/2005 5:18:33 AM PST by mother22wife21
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To: RasterMaster

LOL, I wondered the same thing.


384 posted on 03/31/2005 5:19:47 AM PST by mother22wife21
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To: Mrs Mark

Now you did it. You have blasphemed against St. Terri. The wrath of the self righteous shall befall you.


385 posted on 03/31/2005 5:27:21 AM PST by MJM59
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To: Madeleine Ward
Insane, I don't think so. Regardless of which side of this issue you are on, I think any loving parent would go to the ends of the earth to do what they think is right for their child.
386 posted on 03/31/2005 5:44:40 AM PST by tiredoflaundry (My quaker parrot can talk, can Your honor student fly?)
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To: Protect the Bill of Rights

While I agree with your assessment, I don't see checks and balances being applied here. Judges made up their own law to follow, even though the PEOPLE HAVE SPOKEN.


387 posted on 03/31/2005 5:46:08 AM PST by RasterMaster (Saddam's family were WMD's - He's behind bars & his sons are DEAD!)
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To: Che Chihuahua

Che Chihuahua wrote:
Shakespeare was right. Kill all of the lawyers! As a former State Bar of California prosecutor I got to hate the legal profession's so-called practitioners first hand! Be very afraid of the legal "profession."

I have a similar perspective and it is amazing the variation of abilities you come across. It's likely to be the same with any profession, so choose thoughtfully.


388 posted on 03/31/2005 6:37:52 AM PST by yldstrk (My heros have always been cowboys-Reagan and Bush)
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To: RasterMaster; All
Sorry, sometimes not clear in the early morning hours, that checks and balances were not applied here was my point.

Now looking to the future...legal question for an attorney. What weight does the law give an attorney in court who allows testimony he knows is false to stand?
All of us are aware of the problems Woodside Hospice has had with Medicare. We also know that felos was director from 1997 to 2001. It is in that context that I ask this question... I understand PVS is considered "terminal" and tube feedings are considered "extraordinary treatment"  per Florida law.  That is how felos has the law on his side. 

The following snippet is from trail testimony by Dr. Gambone.

P Anderson is questioning.
Q. Are the patients generally expected to die within six months of their admittance? Isn’t that a Hospice policy?
A. No, it’s not a Hospice policy. It’s just a guideline that is used to determine the prognosis for Hospice.
Q. It’s kind of a rule of thumb?
A. Yes.

Next:  From HOSPICE SERVICES COVERAGE AND LIMITATIONS HANDBOOK page 2-2
 

Requirements to Receive Services
Election Criteria To qualify for the Medicaid hospice program, all recipients must:
• Be eligible for Medicaid hospice;
Be certified by a physician as terminally ill with a life expectancy of six months or less if the disease runs its normal course


My question is this.  Ms Anderson should have framed it as Medicaid requirements instead of Hospice requirments.  However by agreeing to it being a "rule of thumb" it would seem that Gambone lied to the court when in fact it is not a rule of thumb, but Florida law.  Felos, being former director of Woodside Hospice knew that.  And yet, he allowed the lie to stand.

In and of itself, 1 instance would probably not draw attention.  Or would it?  But what if someone with knowledge examined the record and found a pattern of this?  Would that be enough to warrant an investigation regarding felos both criminally (someone died) and with the bar?

Felos scares me. He is the legal profession's version of Kevorkian.  He, of course, sees Terri's death as a  success which will fuel his desire and make the next one much easier for him.  I truly believe he is a threat.

I am a legal dummy, so excuse me if the question does not make sense. I guess I am asking what are felos' responsibilities to the court when he allows false or misleading testimony to stand?

389 posted on 03/31/2005 6:46:46 AM PST by Protect the Bill of Rights
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To: Protect the Bill of Rights

One does not have to be an expert in legal matters to understand that it is Judicial Homicide (new word: JUDICIDE). What good are laws currently on the books if lawyers and judges simply ignore them and re-create law, rather than interpret? Thanks for your post!


390 posted on 03/31/2005 9:03:55 AM PST by RasterMaster (Saddam's family were WMD's - He's behind bars & his sons are DEAD!)
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To: RasterMaster
Look at the posts. Once "Ms. Mark" was nailed, Wolfie popped up and no more posts from "Ms. Mark"! You can ping me on future troll hunts.

I don't have the slightest idea of what you are talking about. If you believe any one who disagrees with you is a troll, that is just fine with me. When the conversation degraded to insults I just left because there was nothing to be gained. This whole episode has been a tragedy and there are no winners.

391 posted on 03/31/2005 2:07:05 PM PST by Mark was here (My tag line was about to be censored.)
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To: Mrs Mark

"Wolvesslasher" logged on just to be a disruptor, that's a troll. I never stated that those who disagree with me are trolls. I seriously doubt you'd be as eager (as you were to have a disabled woman put to death by starvation) to have your pet put down through the same methods.


392 posted on 03/31/2005 2:27:23 PM PST by RasterMaster (Saddam's family were WMD's - He's behind bars & his sons are DEAD!)
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Judicide theres a good one but i fear once the law is altered beyond a certain point you can hope to see more liberal Draconian Law maybe such as shooting babys or ethnic cleansing well isnt it always funny how the most elite of a "CIVILIZED" Society perpetuate utter acts of Legal Barbary that the ones themselves labeled barbarians wouldnt touch with a ten foot clown pole.


393 posted on 04/10/2005 4:08:25 PM PDT by Xenophon450
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