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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: FL_engineer
Thank you SO much for posting the transcript-I had no idea Greta was covering this last night. I'm joyful that (for once) Terri has gotten rulings in her favor. Felos is a sleazebag. Had I watched last night I might have broken my TV. He is (imo) a demon.
181
posted on
02/14/2004 10:07:34 AM PST
by
Annie03
(donate at www.terrisfight.org)
To: CFW
I wonder when Michael Schiavo's money will run out. How long will Felos work pro bono (if he is). Where's the money coming from, or going to come from?
Constant research, conferences, travel time, hearings, appeals, etal cost thousands and thousands of dollars and have to be draining the MS side.
Time is with Terri. The dark side can only last so long running on fumes. I suppose there are evil ones financing Schiavo from the shadows. But in the long run, the generous hearts of Terri's supporters and the respect for life folks will stay the course and win the day.
Leni
Florida
182
posted on
02/14/2004 10:15:32 AM PST
by
MinuteGal
(Enjoy the FRN "FReeps Ahoy" cruise for a week of fun and freeperistics. Bargain fares! Register now)
To: Ohioan from Florida; T'wit
Is is absolutely abhor-able. I have had my eyes open for
sure. There is so much irrefutable evidence that she is NOT
in a PVS. I will definitely take the news I receive, from now on, with a grain of salt.
To: FL_engineer
Thanks for keeping all of us up to date. Greta gives me hope that there are still a few journalists out there who care about the truth.
184
posted on
02/14/2004 10:20:04 AM PST
by
TheSpottedOwl
(Until Kofi Annan rides the Jerusalem RTD....nothing will change.)
To: FL_engineer; nicmarlo
"I believe that even Ken Connor, who represents Governor Bush, was a bit surprised too." Not surprised because it was the right thing to do, but surprised that any Florida judge actually DID the right thing, more than likely.
"we're going to have the trial judge revisit those issues, and we hope the trial judge will issue the same protective order he did before, but this time explain it to the appellate court's satisfaction."
Lord, I detest this scumbag!
"He's fathered at least ONE child with this woman, maybe another."
After all this time they don't know for a fact that the second child exists? Give me a break. Somebody is not being truthful. Either that, or Jodi has been whoring around with someone else who fathered the second child while she has been living with Michael.
185
posted on
02/14/2004 10:26:47 AM PST
by
sweetliberty
(To have a right to do a thing is not at all the same as to be right in doing it.")
To: FL_engineer
(Gov.Bush's lead attorney) Nicole Kerr
...oops, I hate finding mistakes soon after hitting post...
(Gov.Bush's attorney) Nicole Kerr
Ken Connor is STILL the 'lead' attorney
To: FL_engineer
Great stuff. Thanks for the ping. Things that need to see the light of day will now almost certainly be revealed.
187
posted on
02/14/2004 10:54:36 AM PST
by
LisaFab
To: codyjacksmom
In searching this thread, I do not find what I consider to be the major principle being violated by the courts.
The tragic, terrible flaw in this case - and in the laws and procedures that govern how it has proceeded, until Terri's Law was passed - is that it has allowed the life of Terri Schindler to be placed in the hands of a single flawed, incompetent judge, without provision for review or appeal of his sole evaluation of the facts.
As I understand recent appellate decisions regarding the death penalty, it can be imposed only by a jury. No judge, no single individual, from the President on down - posesses the legal power to sentence even the worst offender to death. That requires a jury, and an exhaustive review by many others, at many levels of the system. But Judge Greer, even though he is physically incompetent to evaluate the consciousness of Terri Schiavo due to his visual impairment - has seized and held onto this obscene power like the grim death he intends to impose on his victim.
Another lie you will find in the media coverage of this case is that other courts and judges have participated in trying to execute Terri. In fact, EVERY finding of FACT has been made SOLELY by Judge Greer. Other courts and judges have considered only his judicial findings, while slavishly accepting every word of his determinations of "fact" as gospel truth.
Terri Schindler is profoundly impaired. She cannot write, speak in sentences, or otherwise communicate in any way that can be discerned by any method except visual observation. Judge Greer is uniquely unqualified to consider visual evidence because he is visually impaired, to the extent that he cannot obtain a Florida driver's license, although this does not prevent him from performing other judicial functions. But he has refused to allow any evaluation of her condition by anyone not approved by the husband, or to hear witnesses who believe she could benefit from therapy.
How can a law that allows this terrible situation fail to be unconstitutional on its face? But this was the situation, until the Governor and the legislature acted to correct it, at least in part. Now they must defend their intervention against attempts by the old system to reimpose its will and restore their old power. It MUST NOT HAPPEN.
To: sweetliberty
Your last post echoes my thoughts to a T! Each point was exactly what I was thinking when watching Greta's show. What can I say, great minds think alike!
189
posted on
02/14/2004 10:57:37 AM PST
by
Ohioan from Florida
(The only thing necessary for the triumph of evil is for good men to do nothing.- Edmund Burke)
To: MainFrame65
It sounds as if a certain judge is being paid off by someone. IMHO this is a joke and a travesty of justice!!!!Are these ALL dems?
To: FR_addict
The Schindlers have had numerous interviews on Fox News. I'm sure Greta has contact info.
191
posted on
02/14/2004 11:14:52 AM PST
by
floriduh voter
(www.conservative-spirit.org Invite to My Site)
To: JOHN W K
Per today's paper, the 2nd DCA send Schiavo v. Bush back to Judge Baird. Now, I suppose if Judge Baird wanted to recuse himself, he could still do so. Can he put his ego aside and conduct a trial by jury that is fair? Who knows? At least the cat's out of the bag and the ACLJ is assisting Terri's parents in Jeb's case and Jeb has TONS OF EVIDENTS TO PUT TOGETHER and Terri, hopefully, will get the GAL back which is still in Judge Greer's domain. I believe he's learned his lesson about PUBLIC PRESSURE. If not, we can start up again on a dime.
192
posted on
02/14/2004 11:18:01 AM PST
by
floriduh voter
(www.conservative-spirit.org Invite to My Site)
To: shhrubbery!
The real problem here is not "keeping her alive," but rather her husband's wish to kill her.
You couldn't be more wrong. I know it's an emotional issue, but dumping truth on its head doesn't help anyone. If noone attended to Terri, she'd be dead. That's the very definition of "keeping her alive."
To: codyjacksmom
You're welcome. Jeb Bush will now get to defend himself which Judge Baird was going to deny him, which is unbelievably unconstitutional. Florida Judges are the worst of all branches that Fla has to offer. Our executive branch, House and Senate are okay but the courts are outta control.
194
posted on
02/14/2004 11:20:20 AM PST
by
floriduh voter
(www.conservative-spirit.org Invite to My Site)
To: Ohioan from Florida
I think you asked too many questions at once, like in the press room at the White House. lol Maybe you could break it down again re: Jodi because I can't tell what you're asking.
Jodi doesn't need to have an attorney but I'm sure she'll get one. I for one, can't believe she's so in love with Michael that she's going to stick around with him but there's so much MONEY and property involved - that's my opinion. I'd hate to be her, Freaky George probably calling their house (ewe) and living with Mikula. I'd be watching my back, my car keys and real property deeds in her name.
195
posted on
02/14/2004 11:24:35 AM PST
by
floriduh voter
(www.conservative-spirit.org Invite to My Site)
To: Bronco_Buster_FweetHyagh
If noone attended to Terri, she'd be dead. That's the very definition of "keeping her alive." If nobody attended to my nephew (healthy toddler) for a couple weeks, he'd be dead too. So does that mean his parents are "keeping him alive"?
196
posted on
02/14/2004 11:26:52 AM PST
by
supercat
(Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
To: codyjacksmom
Actually, I think both Greer and Baird were appointed by republican governors, although I don't have references for that supposition.
To: MainFrame65
Greer is elected. Not certain about Baird. I cannot imagine Greer getting re-elected after all of this, but stranger things have happened.
198
posted on
02/14/2004 11:58:28 AM PST
by
phenn
(http://www.terrisfight.org)
To: floriduh voter
Jodi doesn't need to have an attorney but I'm sure she'll get one.You got the gist of what I was asking. If Jodi needs an attorney, I was thinking it would be a conflict of interest to have one of the ones who is being paid out of Terri's money. But of course with the ACLU on Mikey's side, they have enough to go around that it wouldn't appear to be a conflict of interest to have an ACLU lawyer. You know, though, that whoever she retains, it will most assuredly be some low-life scumbag.
I for one, can't believe she's so in love with Michael that she's going to stick around with him but there's so much MONEY and property involved - that's my opinion. I'd hate to be her, Freaky George probably calling their house (ewe) and living with Mikula. I'd be watching my back, my car keys and real property deeds in her name.
Pretty freakin' weird, isn't it? Doesn't she know that what goes around comes around? I can't imagine what her parents must be thinking! If I were them, or one of her siblings, I'd be doing everything I could to dissuade her from continuing the relationship, not supporting her by going to guard the ex on her deathbed! I can only imagine that they have all sold their souls a long time ago.
199
posted on
02/14/2004 12:17:06 PM PST
by
Ohioan from Florida
(The only thing necessary for the triumph of evil is for good men to do nothing.- Edmund Burke)
To: phenn
I think you are correct, but can judicial elections be contested, or are they simply for retention, with initial appointment by the Governor? I seem to recall that Greer will be up for retention next year, and if so, we need to publicize his failures extensively at that time.
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