Supreme Court Won't Hear Appeal of Family of Brain-Damaged Woman (Florida-Terri Schiavo)

Gainesville Sun ^ | August 22. 2003 | JACKIE HALLIFAX

[nickcarraway]

The Florida Supreme Court on Friday declined to get involved in the legal fight over a brain-damaged woman, clearing the way for her husband to have her feeding tube removed so she can die.

Terri Schiavo, 39, has been at the center of a long battle between her parents, Bob and Mary Schindler, and her husband, Michael Schiavo.

Michael Schiavo contends his wife would not want to be kept alive in what doctors call a persistent vegetative state. The Schindlers believe she can be rehabilitated and have fought her husband's efforts in the Florida courts.

"The Florida Supreme Court has, in essence, said `We will not intervene,'" said George Felos, a Dunedin attorney representing Michael Schiavo.

The brief order said "no basis for jurisdiction exists" and that no motion for reconsideration would be allowed. All seven justices signed the order.

Felos said the order will be formally transmitted to Pinellas-Pasco Circuit Judge George Greer at 3 p.m. Monday.

Greer said he likely will set a hearing for around the first week in September to set a date to have the feeding tube removed. He said he didn't know how soon after the hearing that could happen.

"I won't have any idea (about the date) until the hearing is concluded," Greer said Friday. "I need to hear from both the lawyers."

The attorney for the Schindlers, Pat Anderson, said she was consulting with other lawyers to plan her next move.

"Obviously, the family is devastated," Anderson said. "We're just evaluating our options, and no decisions have been made yet."

Terri Schiavo was 26 in 1990 when she suddenly collapsed in her home after her heart stopped from what doctors believe was a potassium imbalance.

Doctors said the loss of oxygen to her brain left her in a state where she can breathe on her own but is reliant on a liquid nutritional supplement and water delivered through a tube.

Although the Schindlers appeals have blocked Michael Schiavo's efforts, Florida courts have so far sided with his legal arguments. Most recently, the 2nd District Court of Appeal decided in June that the feeding tube can be removed.

The Florida Supreme Court previously declined to review the case in April 2001.

[mabelkitty]

Of course not.

It would involve abortion (what is considered life, etc.)

[nickcarraway]

Felos said the order will be formally transmitted to Pinellas-Pasco Circuit Judge George Greer at 3 p.m. Monday.

Greer said he likely will set a hearing for around the first week in September to set a date to have the feeding tube removed. He said he didn't know how soon after the hearing that could happen.

"I won't have any idea (about the date) until the hearing is concluded," Greer said Friday. "I need to hear from both the lawyers."

[Pan_Yans Wife]

Time to call Governor Bush. I don't know if he can issue a "stay of tube removal", though.

May God bless this woman and her parents.

[nickcarraway]

ping

[nickcarraway]

ping

[nuffsenuff]

Can someone give me a quick rundown on what the hell is going on here?

Why is this even an issue?

Is she out of insurance?

[Tax-chick]

Okay, so where will all the capital punishment protestors be when Terri is starved to death? (/sarcasm)

[nickcarraway]

Read here

[Canticle_of_Deborah]

The attorney for the Schindlers, Pat Anderson, said she was consulting with other lawyers to plan her next move.

"Obviously, the family is devastated," Anderson said. "We're just evaluating our options, and no decisions have been made yet."

I have a few ideas. I wonder they are thinking what I'm thinking.

[livius]

I have e-mailed Gov. Bush. I don't know what, if anything, he can do. But I hope somebody can do something about this.

[nickcarraway]

What are your ideas?

[4everontheRight]

What a selfish BAS-TURD!!!
I have seen her family several times on H & C and on O'Reilly...so sad! All they want is to give her a chance.
I pray they find peace.

[nickcarraway]

Ideas, other than one's involving Terri's husband and a crow bar?

[nuffsenuff]

Thanks...

So the son of a b!tch won't divorce her and let her parents take guardianship?

There's got to be a solution here.

Where's the ACLU trying to protect her rights? Those rat bastards.

I feel sick to my stomach.

[kimmie7]

I'd like to hear them as well. I do know that, in the meantime, I can be praying for a miracle -- perhaps along the line that Terri will start talking or something, anything...

The pain that poor woman's family must be in!

[INSENSITIVE GUY]

It appears that our courts are creating decisions by NOT DECIDING!! This is what i call a job where you are paid for refusing to work.

[kimmie7]

Yes, where is the ACLU????? They're around to help people like this fight for justice!!! /sarcasm

Personally, I think the ACLU should be flooded with demands that they assist Mrs. Schiavo's family.

[nickcarraway]

Well, there are two reasons why he doesn't want to give up control: 1)He may have to give up money 2)It may cause him to be brought up on attempted murder charges- he has been concealing evidence that terri was the victim of a violent crime.

[.38sw]

When Mrs. Schiavo ended up brain damaged, her husband managed to sue somebody and get a settlement of several hundred thousand dollars, that was meant for her treatment and care. She was never treated, although there were apparently some doctors of the opinion that with proper therapy, she could improve. Her husband, in the meantime, has a live-in girl friend, and a child, and wants his wife to die. He has been using the money from the settlement for his legal bills in the fight to allow his wife to die. This is pretty vague, but it's what I remember from hearing this on radio, and a little reading. There is apparently some money left from the settlement, and he would get it when his wife dies.

There is also controversy over whether Terri is in a persistent vegetative state, or whether she has some cognitive abilities.

Removing a feeding tube seems awfully barbaric to me. She will die of dehydration and starvation.