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New legal avenue to challenge Michael Schiavo attempts to cause wife's death!!!
Florids Statutes | MB26

Posted on 03/25/2005 7:44:28 AM PST by MindBender26

New legal avenue to challenge Michael Schiavo attempts to cause wife’s death.

In 2003, the State of Florida codified the State’s approach to Do Not Resuscitate Orders, (DNROs.) DNROs are signed, notarized statements, from a patient, that direct physicians and emergency workers to NOT perform CPR on them. They are frequently used by older patients.

The form is a simple specific state-issued one page document. This state-mandated form prevents the need for an EMT to try to determine the authority or validity of some 20 page lawyer-drawn document while the potential patient is gasping for breath.

The DNRO itself is not an issue here because this is not a question of CPR, and the law was enacted in 2003, after Terri’s accident.

What is meaningful here, and it might be crucial, is the wording of the enabling statute dealing with the revocation of a DNRO by the patient. The DNRO may be revoked “at any time” by the patient “by orally expressing a contrary intent.” (765.104 Florida Statutes) The statute says no specific words are required, just “orally expressing a contrary intent.”

Michael’s entire case hangs on the allegation, upheld by the court, that he, Michael, must speak for Terri, as she cannot speak for herself. Do not Terri’s current verbalized statements indicate that she is “orally expressing a contrary intent” to the killing process.

Clearly, 765.104 Florida Statutes speaks to the Legislative Intent in dealing with the rights of seriously ill patients, especially patients who have limited communication ability. In addition, it clearly indicates the Legislative Intent to side in favor of preserving life, even where the patient has expressed a prior desire to not preserve life under extraordinary circumstances, if they desire to reverse that decision by “orally expressing a contrary intent.”

I am not a FL licensed lawyer, so cannot come in on a FOOC petition, but someone might want to run this past her lawyers.


TOPICS: News/Current Events
KEYWORDS: schiavo; terri; terrischiavo
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To: BurtTpa
the justice dept need to step in. terri religious rights have been ignored .

The Justice Dept. doesn't care. She's the "wrong" religion -- Christian. Now if she were a muslim they'd already have stepped in.

21 posted on 03/25/2005 8:14:32 AM PST by An American In Dairyland
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To: floriduh voter


22 posted on 03/25/2005 8:15:10 AM PST by tutstar ( <{{--->< Impeach Judge Greer http://www.petitiononline.com/ijg520/petition.html)
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To: Liz; Grampa Dave; Dog Gone
Bigamy
       ("bi-") two
       ("-gamy") marriages.

Bigamy is the actual legal term used in law. The legal "offense" of bigamy is defined as being when a person has obtained "legally recognized" marriages to more than one living mate at the same time.

The root-word, "bi", in the word, bigamy, refers to two. But it does not mean only two mates. A bigamist is NOT simply a polygamist with only two mates.

Rather, bigamy, in terms of law, refers to any additional and secondary would-be "legally recognized" marriage which comes after the only, first, government-allowed, one "legally recognized" marriage. This is reflective of the "thinking" behind the (anti-polygamy) bigamy laws.

When someone has obtained more than one would-be "legally recognized" marriage, each additional would-be "legally recognized" marriage is deemed as "secondary" to the only one government-allowed "legally recognized" marriage.

Hence, any third, fourth, fifth, etc. would-be "legally recognized" marriages would all individually be deemed as separate "secondary" so-called "legally recognized" marriages. (The second would be deemed as "secondary", the third would be "secondary", the fourth would also be "secondary", and so would the fifth, etc.)

That's how the "bi", meaning "two", comes into the meaning of "bigamy" here. It is the government's perception of "secondary" in these matters which makes the definition.

Accordingly, a single count of "bigamy" is charged against an accused bigamist for each "secondary" would-be "legally recognized" marriage ---one charge each for each additional "legally recognized" marriage beyond the "first" and government-allowed "legally recognized" marriage.

For example, a man with three would-be "legally recognized" wives would be charged with TWO counts of bigamy. This would be due to the "second wife" being considered as one "secondary" wife and the "third wife" being considered as a second "secondary" wife. This would be all due to the government's perspective that there can be no more than one government-allowed "legally recognized" wife at the same time.

The difference, then, between a polygamist and a bigamist is NOT the number of mates. The meaning of bigamy and its application in (anti-polygamy) bigamy laws shows that its meaning is about any number of multiple "secondary" would-be "legally recognized" marriages after the "first" would-be "legally recognized" marriage.

Thus again, bigamy does NOT mean simply a "polygamist with only two mates". Bigamy is the actual term used in law, pertaining to the act of obtaining any number of "secondary" would-be "legally recognized" marriages beyond the "first" government-allowed one, at the same time.

With that understood, there are then actually two distinctly separate classifications of accused "bigamists".

Truly, the matter of "Dishonest Bigamy" is certainly in a separate classification by itself. The deceitfulness of such a situation has nothing to do with the true marriage matters of bona fide polygamy.

And the matter of "Honest Polygamy" does not become a basis for being accused of bigamy if one does not obtain any secondary "legally recognized" marriages .

So, here again, it is clear that being a "bigamist" does not automatically mean that one is a bona fide "polygamist". And vice versa. The two words clearly have separate meanings.

In the final analysis, therefore, as long as an "Honest Polygamist" does not obtain any form of "legally recognized" marriage with any mate after the first "legally recognized" marriage, then no law in these modern times has been broken and the polygamist is NOT a bigamist at all.

Since most polygamists thereby never commit the actually legally-defined "offense" of bigamy because they do NOT seek any such "legally recognized" marriages anyway (beyond the first one, if at all), then no (anti-polygamy) bigamy law in these modern times is being broken by such polygamists anyway.

******************************************************

Why can't Michael be prosecuted?>>>>

23 posted on 03/25/2005 8:15:55 AM PST by Ernest_at_the_Beach (This tagline no longer operative....floated away in the flood of 2005 ,)
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To: 68-69TonkinGulfYachtClub

bttt


24 posted on 03/25/2005 8:17:49 AM PST by tutstar ( <{{--->< Impeach Judge Greer http://www.petitiononline.com/ijg520/petition.html)
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To: BurtTpa

But as I have read here, her own bishop won't weigh in. Isn't that true?


25 posted on 03/25/2005 8:18:00 AM 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: amihow

Why is Terri's Husband allowed to speak for her and not the mother and father....see post #23.


26 posted on 03/25/2005 8:19:15 AM PST by Ernest_at_the_Beach (This tagline no longer operative....floated away in the flood of 2005 ,)
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To: 68-69TonkinGulfYachtClub
Too bad Nancy Reagan put our beloved Gipper through all his final years of suffering. Had she really loved him at all, as soon as they both knew of his disease, they should've stopped all food and water so the poor man could dehydrate in peace.

All who find out that they are terminally ill should be starved and dehydrated right then and there. Imagine the money our government would save.

I once read a quote that went something like this:
"He who isn't busy being born, is busy DYING."
Well, heck, I guess in that sense, we are ALL terminally ill. So since babies are terminally ill, and can't feed themselves, then not only should abortions continue, but any babies who slip through the net, and accidently get born should be put out of their coming death right away by banning all food and water.

My God, this could almost be today's news. Poor Hitler, little did the poor guy know that he wasn't wrong, but instead, slightly ahead of his time. Does anyone wonder why the Bible speaks of a coming ARMAGEDDON? Folks, it's closer than you even know, sigh. May God have mercy on us all.

27 posted on 03/25/2005 8:19:58 AM PST by Reborn
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To: MindBender26

I love FReepers.


28 posted on 03/25/2005 8:21:45 AM PST by Saundra Duffy ("Where there's life, there's hope." Theresa Marie Schiavo)
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To: zippee
"Why is this so called husband allowed to make any decisions for her....hasn't he broken a law with his common law marriage and illegitimate kids?"

No, he has not broken the law, and it is precisely this fact that speaks to the bigger picture of the secular left's multi-axis incursions on the American way of life. Because we have become so loathe and fearful of, "legislating morality," the champions of the cult of death can now rally around an adulterous bully as the champion of justice and liberty, and in the eyes of the law, he has the same credibility and moral standing as any saint. The barbarians are not only at the gates, they are storming over the walls, and exploiting each of their small encroachments to create new breaches in the wall....

...something has to be done soon to turn them back...Very soon, or we will be over run.

29 posted on 03/25/2005 8:23:25 AM PST by Joe 6-pack
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To: Ernest_at_the_Beach
"Why can't Michael be prosecuted?"

Quite simple. No willing witnesses to testify against him.

30 posted on 03/25/2005 8:27:00 AM PST by El Gran Salseron ( The equal opportunity male chauvinist pig. :-))
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To: Mudboy Slim

>Don't tell me they are just becoming aware of this...MUD

Haven't seen it argued in the pleadings.

In night law school I had a traffic stop on appeal. In 31 appearances, lawyer for the def had never agrued the event leading to the stop was outside city limits.

Stop was inside limits, but the infraction itself, the illegal lane change, was outside.

Put the cop on the stand to testify where it happened. Put city manager on with map of city limits as they were on date of infraction. Dismissed in 10 minutes.

?


31 posted on 03/25/2005 8:27:06 AM PST by MindBender26 (Having my own CAR-15 meant never having to say I was sorry......)
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To: Ernest_at_the_Beach

As I understand it, the parents signed over guardianship to Michael at the time of the original incident and even were that not true, the court could appoint a "husband" and he would be the logical guardian.


32 posted on 03/25/2005 8:27:49 AM PST by amihow
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To: Ernest_at_the_Beach

As I understand it, the parents signed over guardianship to Michael at the time of the original incident and even were that not true, the court could appoint a "husband" and he would be the logical guardian.


33 posted on 03/25/2005 8:28:03 AM PST by amihow
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To: Slyfox
What is unknown about the living wills is that they are generally not read.

That's why you give copies to your relatives, and not just the hospital.

34 posted on 03/25/2005 8:28:45 AM PST by Dog Gone
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To: Ernest_at_the_Beach
"Why is Terri's Husband allowed to speak for her and not the mother and father?"

Again, quite simple. Under law, she is over 21 and the parents no longer have a say in the matter. He is still her husband.

35 posted on 03/25/2005 8:28:45 AM PST by El Gran Salseron ( The equal opportunity male chauvinist pig. :-))
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To: mvpel

To me, this is THE issue. It doesn't matter if she is or isn't PVS. It's not up to the courts whether someones quality of life has value. Her parents will care for her whatever condition she is in. The REAL question legal or otherwise is did Michael Shiavo have a pure intent as her guardian. I would focus the entire legal aurgument on this factor. There seems to be a huge amount of information that he absolutely did not


36 posted on 03/25/2005 8:29:09 AM PST by Kitty D
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To: vin-one

"Jeb should have put his butt on the line and saved her....."

He did, and so did his brother.

Jeb Bush did more to try to save Terri than any of us!

I hold no ill feeling towards him.


37 posted on 03/25/2005 8:30:07 AM PST by adam_az (UN out of the US! - http://www.moveamericaforward.org/?Page=Petition)
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To: amihow

But that was likely before his Bigamy became a fact>>>>yes?


38 posted on 03/25/2005 8:30:31 AM PST by Ernest_at_the_Beach (This tagline no longer operative....floated away in the flood of 2005 ,)
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To: MindBender26

I hope some miracle like this saves Terri's life before it is too late...MUD


39 posted on 03/25/2005 8:30:38 AM PST by Mudboy Slim (The Culture War shall be won by the RightWingers who choose to fight it!!)
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To: Ernest_at_the_Beach
Michael has never claimed to be married to the mother of his children, and Florida doesn't recognize common law marriage in any event. At most, he could be prosecuted under a cohabitation statute or adultery statute that probably hasn't been enforced in decades.

If they tried it, there's a very good chance both statutes would be deemed unconstitutional after the Supreme Court's decision in Lawrence v. Texas.

40 posted on 03/25/2005 8:33:09 AM PST by Dog Gone
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