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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: MHGinTN
"The judge made a determination of the merits of the suit and accordingly did not grant injunctive relief. Nothing more." And what does de novo mean in the Congressional bill?

It means that the judge is supposed to make his decision without regard for any earlier court proceedings, except to the extent that transcripts of such proceedings may be admissible as evidence in certain limitted circumstances (e.g. "Michael Schiavo, according to this 1992 court transcript you stated that your wife would probably live 50+ years and you would care for her as long as you lived. Why did you not mention your wife's wishes then?")

If the judge was really pursuing the case de novo, he would have to agree to the preliminary injunction because it is Michael's job to show that feeding should be denied.

1,601 posted on 03/22/2005 4:26:30 PM PST by supercat ("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
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To: ContraryMary
The de novo trial comes later. It appears that what Congress was expecting was that the Court would grant relief and then later -- probably after months of preparation -- there would be a lengthy trial. Congress did not anticipate that the judge would not grant relief based on the premise that the Schindlers would likely not prevail during the trial. I think Congress blew it.

If the trial is de novo, shouldn't Michael have to prove by clear and compelling evidence that Terri wants to die? And if it's de novo, he obviously hasn't done that yet. So how can the judge predict failure unless he knows he's going apply Rules of Terri #1/#2?

1,602 posted on 03/22/2005 4:28:46 PM PST by supercat ("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
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To: supercat

Sinkemperor had his judge nminees vetted thoroughly before sending them for confirmation ... allegiance is the most serious issue with the death cult demoncrats. Whittemore was completely predictable ... especially when liberal bilgespittlists immediately claimed he was the most fair judge Terri could have hear the appeal. Obviously, he was in the end just a clinton appointee protecting the florida liberal court system from whence he arose ... and of course, preventing democrat embarrassment.


1,603 posted on 03/22/2005 4:30:46 PM PST by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: supercat
"After a determination of the merits of a suit brought under this Act, the District Court shall issue such declaratory and injunctive relief as may be necessary to protect the rights of Theresa Marie Schiavo under the Constitution and laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life."
This is the controlling section- not the one you cited. And it was without delay.....
1,604 posted on 03/22/2005 4:32:35 PM PST by daylate-dollarshort (s/v Musashi I)
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To: Jim Noble
The vast majority of potential jurors want her dead.

But would they continue to after hearing the facts of the case? Especially if Michael was forced to allow them to see Terri unsedated?

1,605 posted on 03/22/2005 4:33:17 PM PST by supercat ("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
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To: jjmcgo
I'm very clear about my values. I value life. I do not subscribe to utilitarian ethics regarding innocent human life.

I've pondered more than most. My mind and conscience are clear. What is happening to Terri Schiavo is appalling, inhumane, and callous.

1,606 posted on 03/22/2005 4:33:51 PM PST by JCEccles (If Jimmy Carter were a country, he'd be Canada.)
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To: Theodore R.
"It's not what's wrong with the judges, areafiftyone, they would ask, "What's wrong with you, not being on board the euthanasia train, pulling out of Pinellas Park, FL?" The American people, by polls, support the Democrat minority in Congress on killing poor Terri."

I don't know how the polls went about getting people to support the killing of Terri, but I do know, they DON'T support the killing.

1,607 posted on 03/22/2005 4:35:44 PM PST by auggy (http://home.bellsouth.net/p/PWP-DownhomeKY /// Check out My USA Photo album & Fat Files)
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To: areafiftyone
[Polls??? Polls that the DUers have hit twenty times per person yesterday?]

Amen. The pro death culture is despicable and full of all types of immoral and amoral people who have no idea of what good or evil is and who call evil good.
1,608 posted on 03/22/2005 4:36:44 PM PST by ohhhh ("He who reaps the wind shall sow the whirlwind")
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To: supercat

It is up to the Gibbs as the plaintiff's attorney in this motion to show why there would be a likelihood of success on the merits. He did not do so. It has nothing to do with Greer.


1,609 posted on 03/22/2005 4:36:49 PM PST by ContraryMary
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To: MHGinTN

what de novo means everywhere else.


1,610 posted on 03/22/2005 4:37:50 PM PST by atruelady (Life Support...the OTHER , other white meat.)
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To: Theodore R.

As far as Greer goes, his unjust rulings and his misconduct as a judge were evident in 2003. The pastor's rebuke is too little, too late.


1,611 posted on 03/22/2005 4:41:33 PM PST by Wallace T.
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To: monkeywrench
Show me where I said automatic.

No you never used the word automatic. You really nailed me there.

Tell me though, how else am I supposed to interpret your argument.

He committed adultery, therefor, he has forfeited his right legally, and morally to consider himself her husband.

Am I getting that wrong? It seems to me your quibbling over semantics here. Or do I understand your position incorrectly?

You need to calm down so we can see your Christ-likeness.

Please. Do a little reading. I'm not the one throwing names around and questioning peoples motives and honesty here. I don't see you asking those people to display their Christ-likeness. It goes both ways you know. I've been nothing but polite to everyone here. You cannot say the same for many of the other Christians on this board.

1,612 posted on 03/22/2005 4:41:36 PM PST by Jotmo ("Voon", said the mattress.)
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To: atruelady

de novo -- new trial from the start, not an appeal process


1,613 posted on 03/22/2005 4:41:58 PM PST by Theodore R. (Why does the GOP continue to fiddle while Terri burns? Is it cowardice?)
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To: Wallace T.

This pastor was not at that church in 2003: he came late in 2004.


1,614 posted on 03/22/2005 4:42:37 PM PST by Theodore R. (Why does the GOP continue to fiddle while Terri burns? Is it cowardice?)
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To: Tarantulas
Maybe this will help...

...

Reference - lots more good information on that page - written by a doctor involved in the case.

Perhaps not as helpful as it appears on the surface. I think you need to do some research and report back to us about Dr. Ronald Cranford. This whole case has alot of agenda begind it.

Here, let me give you a helping hand.

1,615 posted on 03/22/2005 4:42:42 PM PST by Database
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To: af_vet_1981

Yes he does, but he ignores the basic premise of the new law and that is not to look at the state court stuff.


1,616 posted on 03/22/2005 4:43:20 PM PST by atruelady (Life Support...the OTHER , other white meat.)
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To: ContraryMary

How could Gibbs show that he could prevail without presenting his witnesses and evidence?


1,617 posted on 03/22/2005 4:43:40 PM PST by Theodore R. (Why does the GOP continue to fiddle while Terri burns? Is it cowardice?)
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To: Theodore R.

This wasn't a trial. It was a hearing regarding a motion. There was a footnote in the judge's decision where he noted that Gibbs submitted affidavits of health care professionals regarding Terri and their opinions on how treatment could improve Terri's condition. However, Gibbs didn't discuss these affidavits in his filing to the Court. In other words, it looks like Gibbs just dumped a bunch of papers on Whittemore and didn't make a cogent argument tying it all together.


1,618 posted on 03/22/2005 4:48:12 PM PST by ContraryMary
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To: northernlightsII
Yes there is a presumption that a spouse can stand as guardian, but that presumption can be reversed by the facts such as conflict of interest for example.

My entire point is that is WAS NOT overridden, and many here were claiming that is was is some way. Weather or not it should be in beside the point. It wasn't.

So stop repeating over and over that he is her husband.

I'm only repeating it because people keep bringing it up. I'd love to quit repeating it! If others would drop it, I will.

1,619 posted on 03/22/2005 4:49:11 PM PST by Jotmo ("Voon", said the mattress.)
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To: Jotmo

The quote you supplied here, isn't mine, either. I never wrote that.


1,620 posted on 03/22/2005 4:51:00 PM PST by monkeywrench
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