[Nick Danger]

The federal judge who refused to reverse the Florida court was certainly true to the law.

But see, the federal judge was not supposed to be asked to review the Florida case. Congress had given the Schindlers an opportunity for a completely new trial on the facts. But their bone-headed attorney filed what amounted to an appeal, citing alleged errors by Greer as the basis of his arguments. He left the federal judge with no choice. He made the one plea that was guaranteed to lose.

Terri Schiavo may well die because the Schindlers' attorney is incompetent.

[Don'tMessWithTexas]

Time was of the essence here. Do you realize how long it would take to plan, schedule and conduct a trial? Beside, Congress did not give the Schindlers the right to a new trial. They received the right to a federal appeal. That appeal would be allowed to consider all of the evidence presented at trial in order to make its decision.

[DollyCali]

Dr. K is the best.. love to hear him on Fox, when I have the chance. Great article FMC.. thank you & good point Nick...

Lots of frustrations & helplesness here over all of this... Prayers continue as do phone calls & emails to Fla & DC....

btw, NIck , did you see your/our pix from Inauguaration on the thread?

[MortMan]

Whittemore was certainly true to Florida law, but he did not follow the congressional mandate for a new (clean slate) fact-finding trial. The federal law passed stated that the court was to disregard state findings of fact. The procedural review he performed was borne of a stunted reading of the federal law.

[Right_in_Virginia]

But see, the federal judge was not supposed to be asked to review the Florida case. Congress had given the Schindlers an opportunity for a completely new trial on the facts. But their bone-headed attorney filed what amounted to an appeal,

Tragic, and true.

[Just mythoughts]

"Terri Schiavo may well die because the Schindlers' attorney is incompetent."

The attorney may well be incompetent but the attorney did not order a feeding tube removed. ONE judge pronounced a death sentence and nobody else dare correct his death sentence. The JUDGES are accountable and they will have their face to face with Terri one day, and well as Mike.

Man might think this story is about to end but it has only begun.

[Congressman Billybob]

I have not seen the pleadings that the parents' lawyer filed. However, my understanding from the text of the law is that Congress itself required a de novo review. So far, the federal courts have refused to do exactly what Congress commanded.

And I find it interesting that neither the federal trial judge nor the three members of the 11th Circuit panel have questioned the constitutionality of the new law. That, I thought, was the weakest aspect of the case.

I agree with you that the parents' attorneys have made errors. Why they did not seek to get Terri divorced from Michael, seven years ago.

Congressman Billybob

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