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Schiavo Appeal Has Been Filed
Fox News

Posted on 03/22/2005 6:13:43 AM PST by sonsofliberty2000

per Fox


TOPICS: News/Current Events
KEYWORDS: clausvonschiavo; deathocrats; dothewillofgod; euthanasia; godhelpus; goodforgopin06; governmentinstrusion; judicaltyranny; judicialcoup; medicalmurder; meninblack; parentsrights; politcalgain; schiavo; t4; terri; terrischiavo
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To: ex 98C MI Dude

The best "check" on the judiciary is to eliminate their budget.


1,221 posted on 03/22/2005 12:31:32 PM PST by Edmund Burke
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To: ex 98C MI Dude; MineralMan

Yes, and it is sad that the laws on the books were being cast aside by the judge.


1,222 posted on 03/22/2005 12:32:29 PM PST by atruelady (Life Support...the OTHER , other white meat.)
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To: MineralMan

If she is a ward of court surely her husband cannot make decisions on her behalf, this is the first time I have heard this said.


1,223 posted on 03/22/2005 12:32:45 PM PST by snugs (An English Cheney Chick - BIG TIME)
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To: MineralMan
There is a higher law. It is called natural law. When positive law (i.e. federal/state/local law) is in conflict with natural law, then we must follow the natural law. This is why, for example, Nazis were not off the hook for following orders. Of course we should strive to change the positive laws so that they are in agreement with natural law. But we don't have to wait for the positive laws to be in agreement with natural law in order to be justified in violating positive law that is contrary to natural law.

-A8

1,224 posted on 03/22/2005 12:33:16 PM PST by adiaireton8 ("There is no greater evil one can suffer than to hate reasonable discourse." - Plato, Phaedo 89d)
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To: MineralMan; AndrewC

Suggest you read this about Florida law on hearsay evidence -- which is the only evidence used to claim that Terri "didn't want to live like this", stated by her husband.




http://www.freerepublic.com/focus/f-news/1366225/posts?page=1402#1402


Florida law

90.802 Hearsay rule.--Except as provided by statute, hearsay evidence is inadmissible.

765.401 The proxy.--

(1) If an incapacitated or developmentally disabled patient has not executed an advance directive, or designated a
surrogate to execute an advance directive, or the designated or alternate surrogate is no longer available to
make health care decisions, health care decisions may be made for the patient by any of the following individuals, in
the following order of priority, if no individual in a prior class is reasonably available, willing, or competent
to act:


(3) Before exercising the incapacitated patient's rights to select or decline health care, the proxy must comply with
the provisions of ss. 765.205 and 765.305, except that a proxy's decision to withhold or withdraw life-prolonging
procedures must be supported by clear and convincing evidence that the decision would have been the one the
patient would have chosen had the patient been competent or, if there is no indication of what the
patient would have chosen, that the decision is in the
patient's best interest.

1,402 posted on 03/19/2005 9:16:05 PM PST by AndrewC


1,225 posted on 03/22/2005 12:33:38 PM PST by QQQQQ
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To: UCANSEE2
The Schindler's statements, their doctors statements, Terri's friend's statements are ruled NOT CREDIBLE.

Only the mother testified and her testimony was not ruled 'not credible.' The judge said,

There are some comments or statements made by Terri Schiavo which the court does not feel are germane to this decision. The court does not feel that statements made by her at the age of 11 or 12 years truly reflect upon her intention regarding the situation at hand. Additionally, the court does not feel that her statements directed toward others and situations regarding herself if personally placed in those same situations. Into the former category the court places statements regarding Karen Ann (sic) Quinlin (sic) and the infant child of the friend of Joan Schiavo. The court finds that those statements are more reflective of what Terri Schiavo would do in a similar situation for someone else.

The court did find that Drs. Hammesfahr and Maxwell were 'not credible in 2003 as to possible efficacy of Dr. Hammesfahr's 'vasodilation therapy' and Dr. Maxwell's 'hyperbaric therapy.' As to Dr. Hammesfahr's testimony, the court said,

what [undermines] his creditability is that he did not present to this court any evidence other than his generalized statements as to the efficacy of his therapy on brain damaged individuals like Terry Schiavo. He testified that he has treated about 50 patients in the same or worse condition than Terry Schiavo since 1994 but he offered no names, no case studies, no videos and no tests results to support his claim that he had success in all but one of them. If his therapy is as effective as he would lead this court to believe, it is inconceivable that he would not produce clinical results of these patients he has treated. And surely the medical literature would be replete with this new, now patented, procedure. Yet, he has only published one article and that was in 1995 involving some 63 patients, 60% of whom were suffering from whiplash. None of these patients were in a persistent vegetative state and all were conversant. Even he acknowledges that he is aware of no article or study that shows vasodilatation therapy to be an effective treatment for persistent vegetative state patients. The court can only assume that such substantiations are not available, not just catalogued in such a way that they can not be readily identified as he testified.

As to Dr. Maxwell's testimony, the court said,

Dr. Maxfield spoke of a "chance" of recovery although he stated there was a significant probability that hyperbaric therapy would improve her condition. It is clear from the evidence that these therapies are experimental insofar as the medical community is concerned with regard to patients like Terry Schiavo which is borne out by the total absence of supporting case studies or medical literature. The Mandate requires something more than a belief, hope or "some" improvement. It requires this court to find, by a preponderance of the evidence, that the treatment offers such sufficient promise of increased cognitive function in Mrs. Schiavo's cerebral cortex so as to significantly improve her quality of life. There is no such testimony, much less a preponderance of the evidence to that effect. The other doctors, by contrast, all testified that there was no treatment available to improve her quality of life. They were also able to credibly testify that neither hyperbaric therapy nor vasodilatation therapy was an effective treatment for this sort of injury.

I am not aware of 'Terri's friend's statement' to which you refer. Can you give me a more detailed reference?

Terri speaking for herself, which she does BTW, is ruled NOT CREDIBLE, except for the part 15 years ago when Michael says she said she wanted to die. THEN THE JUDGE FINDS HER CREDIBLE.

I am not familiar with either circumstance. Terri hasn't spoken since her heart attack to Michael or anyone else. The judge has certainly never found Terri 'not credible'. Perhaps a citation to what you have in mind would be helpful?

WHY? Because Judge Greer had already made up his mind Terri should DIE before he ever heard any of the evidence on the case. And I can prove it.

Well, if you can, you should contact Mr. Gibbs immediately. That (if provable and proven) would be valid grounds for overturning the Court's entire decision. Clearly, Mr. Gibbs is not aware of this important evidence and you should share it with him.

1,226 posted on 03/22/2005 12:33:40 PM PST by winstonchurchill
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To: Military family member

Yes, but it works the other way, generally,again with some exceptions you cannot compel a spouse to testify against another,to protect the privacy of husband and wife communications. It does not apply here at all.


1,227 posted on 03/22/2005 12:34:07 PM PST by northernlightsII
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To: shekkian

It's all those NewYorkers who moved down there.


1,228 posted on 03/22/2005 12:34:07 PM PST by expatpat
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To: Edmund Burke

Once a judge is appointed to a court, he or she MUST be paid according to the Constitution, and that pay may not be reduced. So I suppose we could pay them, but eliminate their court, leaving us free of them. That would work!


1,229 posted on 03/22/2005 12:34:25 PM PST by ex 98C MI Dude (Proud Member of the Reagan Republicans)
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To: snugs

She's Michaels property. He has decided to dispose of her. Many here applaud that decision.


1,230 posted on 03/22/2005 12:34:37 PM PST by Jrabbit
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To: Soul Seeker

That sounds like a convenient way of accepting that Terri be starved to death. Look, God's will may be different than mine, I have no clue. Neither do you. That is why I'm fighting for her LIFE. I will expend all means to defend that life rather than take a passive role and assume God's will is being done.
____________________________

Please take it down a notch. I am not the enemy. And you make a HUGE assumption that I have not been praying for Terri's life to be saved. I was simply saying....that I am struggling to accept that her death could be God's will.

Again...I am not the enemy.


1,231 posted on 03/22/2005 12:35:18 PM PST by justshe (Become a monthly donor; eliminate Freepathons!)
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To: Military family member

I don't think he thought about it because he was under the impression that there was going to be a new trial based on the new law.

He was operating under just getting the injunction so the tube could be replaced.


1,232 posted on 03/22/2005 12:35:26 PM PST by atruelady (Life Support...the OTHER , other white meat.)
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To: Military family member

"For example, everyone has complained that Judge Greer never met with Terri. Couldn't Gibbs have called her as a witness? It may have failed, but it would have at least raised the issue a bit more.
"

Well, the reason that Terri was not called as a witness by the Schindlers seems perfectly clear to me. If she was capable of testifying, the case would have been over immediately. She wasn't capable, and still isn't. So, they couldn't call her as a witness. If it were possible to do so, and if she could have testified, I guarantee she'd have been in court. She can't speak for herself. So she couldn't testify in any way.


1,233 posted on 03/22/2005 12:35:43 PM PST by MineralMan (godless atheist)
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To: ladyjane

"Has anyone else noticed how all the posters with 'doc' or 'MD' in their screen name are silent. I wonder why?"

I don't know. Are there Freepers who are MDs? If so, then they aren't participating in these threads. Most doctors I know would be very, very hesitant to make statements about a patient they had not examined personally. That's a wise position, IMO.


1,234 posted on 03/22/2005 12:36:56 PM PST by MineralMan (godless atheist)
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To: ContemptofCourt
Damn Pesky Facts: As to the swallowing reflex, The HOSPICE had a SPEECH PATHOLOGIST examine Terri and certify that she could not swallow, therefore was not qualified to have swallowing therapy (wait, isn't that why you have the therapy, to help you 'relearn' to swallow?), and this went on from 1993-1996 or 1997 (so hard to be exact when you are in court, reading from medical records and such).

Why didn't they just have a CHOIR DIRECTOR examine her for PVS?

You insist on facts, one sided facts, given by relatively unqualified personnel.

1,235 posted on 03/22/2005 12:37:26 PM PST by UCANSEE2
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To: Boardwalk

Oh yes....evil is most evident in much of this!

I agree.


1,236 posted on 03/22/2005 12:37:27 PM PST by justshe (Become a monthly donor; eliminate Freepathons!)
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To: MineralMan

She can't talk, but there has been a lot of example mention in this thread where she has tried to communicate.


1,237 posted on 03/22/2005 12:37:35 PM PST by Military family member (If pro is the opposite of con and con the opposite of pro, then the opposite of Progress is Congress)
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To: keysguy

If he has already signed book and movie rights would that be prememeditated


1,238 posted on 03/22/2005 12:37:36 PM PST by Ibredd
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To: ContemptofCourt

And you believe that OJ is actively pursuing the killers,right?


1,239 posted on 03/22/2005 12:37:37 PM PST by northernlightsII
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To: Jrabbit
That is how I read it before that Michael "owned" her but where did that comment about ward of court come from or is this not true.
1,240 posted on 03/22/2005 12:37:45 PM PST by snugs (An English Cheney Chick - BIG TIME)
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