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Appeals court ruling favors Terri Schiavo's parents
Boston Glob ^ | 1/13/04 | staff

Posted on 02/13/2004 8:43:19 AM PST by CFW

Appeals court ruling favors Terri Schiavo's parents

The Associated Press Published on: 02/13/04

TAMPA, Fla. -- Gov. Jeb Bush and the parents of a severely brain-damaged woman won two appellate court victories Friday in their quest to keep her alive against her husband's wishes.

The 2nd District Court of Appeal ruled that Bush's attorneys will be allowed to question witnesses in the court battle over a law that gave the governor authority to reinsert Terri Schiavo's feeding tube after her husband had it removed in October.

The appeals court also ruled that Pinellas Circuit Court Judge W. Douglas Baird did not follow judicial rules when he denied her parents, Robert and Mary Schindler, the ability to intervene in the constitutional challenge to the law.

The appeals court ordered Baird to hold further proceedings on the issue.

Schiavo's husband, Michael, has been battling the Schindlers in court for years to remove Terri's feeding tube so she can die. He says she would not have wanted to be kept alive artificially.

The Schindlers doubt their 40-year-old daughter, who lives in a Clearwater nursing home, had any such end-of-life wishes and believe her condition could improve with therapy. Their daughter has been in a persistent vegetative state for more than 13 years after collapsing from a chemical imbalance.


TOPICS: Crime/Corruption; Culture/Society; Extended News; News/Current Events; US: Florida
KEYWORDS: florida; prayerlist; terri; terrischiavo
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To: Theodore R.
I should think that this is now OUT of Judge Baird's grasp.

He is no longer being paid effective Jan 1st for presiding
over civil court. And the lawsuit against Governor Bush
is NOT is Judge Baird's criminal jurisdiction.

So what is Baird going to do? Come in on weekends?
Hold his own unpaid 'night court'?

I think it's time Judge Nelly stepped in and took over
this case. It belongs in her court.
101 posted on 02/13/2004 5:41:52 PM PST by Future Useless Eater (Freedom_Loving_Engineer)
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To: All
Thank you so much for all the information you have been so willing to share. I can tell it is well researched just by the technical aspects that have been described.

I do believe I have enough info and links etc. to keep me busy reading for about the next year. LOL

Thanks again FReeper family!
102 posted on 02/13/2004 5:42:44 PM PST by codyjacksmom
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To: FL_engineer
I had forgotten that Baird is "off" this case. It seems that he is trying to hold on to it because the most important thing to Baird is JUDICIAL POWER. He is power-mad as are thousands of American judges.
103 posted on 02/13/2004 5:45:52 PM PST by Theodore R. (When will they ever learn?)
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To: NYer
"after collapsing from a chemical imbalance"

Hers or his?
104 posted on 02/13/2004 6:01:52 PM PST by BOBWADE
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To: codyjacksmom
Yes, that has been one of the most infuriating aspects of this case; what has been reported in the media is distorted, inaccurate, incomplete, and often just down-right lies. That is why most people that hear of Terri's situation think that Terri is in a coma, and is being denied her "right to die", when in actuality it is her husband's wish that she die, not hers. She was awarded over a million dollars in a malpractice lawsuit that was meant for her care and rehabilitation, yet her husband stopped ALL rehabilitation as soon as he got the money, back in 1992. Visit terrisfight.org, and read some of the other threads here, and you will see that this situation is not ANYTHING like what is being reported in the lamestream press.

And may I add... Welcome to Free Republic!
105 posted on 02/13/2004 6:03:19 PM PST by iowamomforfreedom (The right to die? or the right to be killed - http://www.life-or-death-decisions.org)
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To: codyjacksmom; floriduh voter
Welcome to FR!

Also, please forgive Floriduh voter. We have had many trolls on the Terri threads. Some just want to be disruptive. Others are downright nasty! And FV is on the front lines with info about Terri. She attends the vigils and keeps us informed of the local coverage!

So far you sound like someone who hasn't had much accurate info about Terri so far. Let me warn you in advance...once you delve into Terri's situation you may find yourself aghast at the info the mainstream media puts out! And Terri has altered the sleeping habits for some of us (at least temporarily).

If you want honest answers, you've come to a great place! FR is a wonderful resource! (Thanks, Jim Robinson!)
106 posted on 02/13/2004 6:18:43 PM PST by Ohioan from Florida (The only thing necessary for the triumph of evil is for good men to do nothing.- Edmund Burke)
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To: Republic
PRAISING GOD WITH YOU...!!!!!!!!!!!!!!!!! THANK YOU FATHER FOR THIS MARVELOUS VICTORY !!!!!!!!!!!!
107 posted on 02/13/2004 6:24:45 PM PST by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: TaxRelief
When the testimony begins, I hope they put it on Court TV.

ombard Court TV with request to see it...Florida has the sunshine law and cameras can not be kept out of the courtroom....Maybe somebody smarter than me can provide a link to court tv so we can all write to them
108 posted on 02/13/2004 6:25:13 PM PST by fiesti
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To: fiesti
Maybe somebody smarter than me can provide a link to court tv so we can all write to them.

Don't know about the smarter part, but...
Ask and ye shall receive: Contact Court TV

109 posted on 02/13/2004 6:36:06 PM PST by iowamomforfreedom (The right to die? or the right to be killed - http://www.life-or-death-decisions.org)
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To: sweetliberty
Praise the Lord

is right! Thanks for the ping....great news!

110 posted on 02/13/2004 6:38:44 PM PST by nicmarlo
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To: FL_engineer
Greta is covering this case tonight!
111 posted on 02/13/2004 6:56:17 PM PST by FR_addict
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Wonderful great news!

Pbttt for continued success and hopefully Terri might soon be getting rehab.
112 posted on 02/13/2004 6:57:11 PM PST by amom
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To: All; codyjacksmom
Greta (FoxNews) starts in 5 minutes on the East coast.
113 posted on 02/13/2004 6:59:34 PM PST by FR_addict
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To: iowamomforfreedom
Wrote my letter tyvm :-)
114 posted on 02/13/2004 7:09:48 PM PST by fiesti
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To: FR_addict
Greta had on one of Governor Bush's attorneys and Michael's attorney.

She covered the latest ruling pretty well, but gave Felos the last word. He recited his canned responses.

Bush's attorney, Nicole something was able to bring out some of the real facts in this case.
115 posted on 02/13/2004 7:12:35 PM PST by FR_addict
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To: ruoflaw
....he testified that she was his life and he would care for her until he died...

Actually, I think he said for the rest of her life. If he had gotten his way, that would have been the amount of time it took to deposit the million dollar malpractice check.


To: wisconsinconservative
well, I will try and find that testimony again but I thought it said his life

Sorry ruoflaw, no need to look it up, I was just being sarcastic.(I'll remember the sarcasm tags next time!) I'm pretty sure that's what he meant tho. The slimeball sickens me.
116 posted on 02/13/2004 7:20:28 PM PST by wisconsinconservative ("The penalty good men pay for indifference to public affairs is to be ruled by evil men.")
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To: CFW
Well, Friday the 13th brings bad luck to Felos and HINO. Couldn't happen to a more deserving pair.
117 posted on 02/13/2004 7:24:50 PM PST by drlevy88
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To: codyjacksmom
I was so flustered trying to sum up all the lies in Terri's case that I forgot to add, Welcome to FR!!
118 posted on 02/13/2004 7:26:13 PM PST by wisconsinconservative ("The penalty good men pay for indifference to public affairs is to be ruled by evil men.")
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To: FL_engineer
I should think that this is now OUT of Judge Baird's grasp.

He is no longer being paid effective Jan 1st for presiding over civil court. And the lawsuit against Governor Bush is NOT is Judge Baird's criminal jurisdiction.

Why is that? Does this have to do with the rotation that was mentioned a few months ago?

Is it possible that case could end up with Judge Nelly? Seems like that would be too good to come true.

119 posted on 02/13/2004 7:32:33 PM PST by wisconsinconservative ("The penalty good men pay for indifference to public affairs is to be ruled by evil men.")
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To: CFW
For all that are interested, here are links to the decisions:

2D03-5200 / Schindler v. Schiavo

2D03-5783 / Bush, Governor of Florida v. Schiavo

John w k

ACRS

120 posted on 02/13/2004 7:54:33 PM PST by JOHN W K
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