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To: malakhi; floriduh voter

An ACTIVIST judge is a judge who makes up his/her mind BEFORE hearing the evidence.

Clinton appointee Judge Whittemore is also an ACTIVIST judge. Whittemore told the Schindlers' attorney, Gibbs, when Gibbs presented the case that this was emotional rhetoric. Gibbs did not have a chance with the ACTIVIST judges who already made up their minds.

Oh yeah, and here's some Florida law for you:


Violations of Florida Statutes against Terri Schiavo

744.3215 Rights of persons determined incapacitated.

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0744/SEC3215.HTM&Title=-%3E2003-%3ECh0744-%3ESection%203215

(1) A person who has been determined to be incapacitated retains the right:

(a) To have an annual review of the guardianship report and plan.

(VIOLATED – Her husband/guardian has failed to file such plans for a number of years. During the years in which he DID submit the required plan, he entered “NONE” as his plan of action.)

(b) To have continuing review of the need for restriction of his or her rights.
(VIOLATED – The guardian courts have not required her husband/guardian to file such reports mentioned above and no consistent continuing review has taken place because of that.)

(c) To be restored to capacity at the earliest possible time.
(VIOLATED – Terri Schiavo has not received therapy since prior to the 1992 medical malpractice settlement in her favor which was intended to facilitate such therapy.)

(d) To be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.
(VIOLATED – deliberate acts of omission [including humane care and food and water] are considered felony abuse under the law.)

(e) To have a qualified guardian.
(VIOLATED – her husband/guardian is no longer qualified for his failure to comply with Florida law requiring annual review of guardianship, failure to properly maintain the property of the ward, failure to comply with the ward’s retained rights to necessary services and living in open adultery which is a misdemeanor under Florida law.)

(f) To remain as independent as possible, including having his or her preference as to place and standard of living honored, either as he or she expressed or demonstrated his or her preference prior to the determination of his or her incapacity or as he or she currently expresses his or her preference, insofar as such request is reasonable.

(VIOLATED – Terri Schiavo is wrongfully confined to a Hospice facility and further confined to a single room without social interaction, stimulation and human company.)

(g) To be properly educated.

(VIOLATED – Terri has not received speech therapy which could enable her to communicate more effective and to manage table food. She has not received help in learning any other protocol (such as blinking) to assist her in communicating more effectively.)

(h) To receive prudent financial management for his or her property and to be informed how his or her property is being managed, if he or she has lost the right to manage property.

(VIOLATED – Terri’s medical management fund has been all but depleted on legal fees in the pursuit of her death. More than half a million dollars has been paid to one attorney in particular. There is no evidence that Terri would have managed her funds in this way nor given any consent to such.)

(i) To receive necessary services and rehabilitation.
(VIOLATED – Terri Schiavo has not received proper physical, occupational, speech or range of motion therapy. She has been denied treatment for simple infections and she has been denied hospitalization necessitated by serious illness.)

(j) To be free from discrimination because of his or her incapacity.
(VIOLATED – Terri Schiavo has been denied due process in both the guardianship and federal courts.)

(k) To have access to the courts.
(VIOLATED – See above.)

(l) To counsel.
(VIOLATED – Terri Schiavo was never represented during the duration of the guardianship proceedings and did not have a Florida required Guardian ad Litem assigned to represent her during the majority of the proceedings.)

(m) To receive visitors and communicate with others.
(VIOLATED – Terri’s visitor list is strictly managed by her husband/guardian who has, a number of times, barred her family, her friends and her spiritual counsel from visiting her, without the court’s prior approval and on personal whim.)

(n) To notice of all proceedings related to determination of capacity and guardianship, unless the court finds the incapacitated person lacks the ability to comprehend the notice.
(VIOLATED – Terri has not been legally represented in any of the guardianship proceedings and has received no counsel.)




And there's M0RE - MUCH, MUCH more.


734 posted on 07/07/2005 7:06:49 PM PDT by Sun (Call the U.S. SELL-OUT senators toll-free, 1-877-762-8762 & give 'em "heck.")
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To: Sun

Funny how all of those arguments were struck down on appeal.


737 posted on 07/07/2005 7:10:16 PM PDT by malakhi
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To: Sun
Let's not forget this one. It speaks volumes. Terri would have been treated better if she were a rabid armadillo:

Pinellas County Animal Control Ordinance

Sec. 14-32. Cruelty to animals.

(a) Whoever impounds or confines any animal in any place and fails to supply the animal during such confinement with a sufficient quantity of good and wholesome food and water shall be in violation of this article.

(b) Whoever keeps any animal in any enclosure without wholesome exercise and change of air shall be in violation of this article.

(c) Whoever abandons to die any animal that is maimed, sick, infirm, or diseased shall be in violation of this article.

(d) A person who unnecessarily overloads, overdrives, tortures, torments, deprives of necessary sustenance or shelter, or unnecessarily or cruelly beats, mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner, shall be in violation of this article.

757 posted on 07/07/2005 7:49:00 PM PDT by T'wit ("My little jokes don't hurt nobody. But when Congress makes a joke, it's the LAW!" -- Will Rogers)
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