How the Schiavo Federal Court Case Might Have Been Won(Long article worth the read)

FindLaw's Writ ^ | Saturday, Mar. 26, 2005 | By MICHAEL C. DORF

[agrace]

Thanks for your post, your thoughts are certainly circumspect!

To go along with your post, here's another article - Guarding the Guardians, which details the trouble auditors in Pinellas County have when they try to obtain information about guardianship cases.

I'm no conspiracy theorist (or at least I wasn't a few weeks ago) but I think this whole case was doomed from the beginning for a whole host of reasons that involved several different agendas.

[My2Cents]

So I just asked how you justify bombing a country knowing that innocent people will be killed. Or are you just concerned about the lives of American people?

You've raised this question more than once, and if you don't see the distinction between killing innocent people and people dying in war, there's no way to explain it to you.

[Hildy]

Innocent people dying in war. I'm not talking about soldiers. I'm talking about innocent people.

[agrace]

Very chilling stuff.

It really is remarkable - Greer dismissed Terri's first GAL (Pearse) for bias because he was found to have said prior to his appointment that he disapproved of feeding tube removal, but Cranford's expert testimony is allowed to stand.

Hammesfahr's a disingenuous quack and DCF's neurologist has a pro-life agenda, but the self-described "Dr. Humane Death" is just dandy.

I tell you what, I'd rather have Hammesfahr preside over my care than Cranford any day of the week.

[agrace]

Hmm, I have no idea, hadn't heard that.

[nmh]

"um, hello?! The blame belongs with the creep Michael Skeevo, his creep attorney and the creep judge. That is IT."

Based on how you express yourself, I'm not surprised that this is over your head. The fact is the Shindler lawyers were incompetent. They could easily have won this IF they had followed the rule of law that supported their position.

There will always be creeps out there. That doesn't necessarily mean creeps will prevail and especially not when the law is on your side IF you know how to use it and implement it properly.

[nmh]

"um, hello?! The blame belongs with the creep Michael Skeevo, his creep attorney and the creep judge. That is IT."

Based on how you express yourself, I'm not surprised that this is over your head. The fact is the Shindler lawyers were incompetent. They could easily have won this IF they had followed the rule of law that supported their position.

There will always be creeps out there. That doesn't necessarily mean creeps will prevail and especially not when the law is on your side IF you know how to use it and implement it properly.

[fight_truth_decay]

http://www.lakecountyclerk.org/faq.asp?subject=faqguardianship#What%20are%20the%20qualifications%20to%20serve%20as%20a%20guardian

I had posted this earlier..questions on guardianship

glad to see your post...

[nmh]

And all they can do is point their finger at Jeb!

I call THAT outrageous!

Talk about unappreciative people!

WHEW!

[agrace]

I think the real problem is with Florida law which was revised in 1999 and fits Terri to a tee.

Seems like it was revised specifically with her in mind. It's been recently pointed out that Felos personally lobbied for the changes in the law to 1) consider feeding tubes to be life support and 2) specifically include PVS patients as legal candidates for removal. I guess Terri was a test case.

[Kryptonite]

Good article. Tends to give more credit to the courts than they deserve, IMO, but also points out where they erred as well.

I knew from the minute I started reading the decisions being handed down that Terri was going to die because the courts were passing the buck. Sure, the Schindlers' lawyers weren't as effective as they ought to have been, but neither were the courts.

Black eyes all around.

[PhiKapMom]

Doesn't it make you wonder why? It is mind boggling!

[PhiKapMom]

Thanks for your comments! I wanted to see what all of you had to say because this seemed to be so well written.

[PhiKapMom]

My sentiments exactly and no matter how much you point out about the incompetence of the Schindler Legal Team, it is still Jeb's fault or the President's. Talk about blind by some folks -- makes a statement to me that their agenda is to get Jeb and the President!

[Pinetop]

This is a terrible problem with guardianships and conservatorships in probate courts across the country. The Pinellas County Court and the probate Bar sound very defensive in this article. The FBI should get in there and start auditing the records. You know other judges have been jailed for these kinds of offenses.

Terry Schiavo's case is the prototypical probate corruption case. The Schindlers had very little standing or expertise to contest what was going on between Schiavo, Felos, the Hospice (who split up the money) and the judges. I am impressed by your good research on this swamp of corruption. I am not really a conspiracy theorist. I have lived through a very corrupt judicial system. So, I have some familiarity with how corrupt judges work.

[nmh]

"My sentiments exactly and no matter how much you point out about the incompetence of the Schindler Legal Team, it is still Jeb's fault or the President's. Talk about blind by some folks -- makes a statement to me that their agenda is to get Jeb and the President!"

I find allot of people here to be scary folks. They like to label themselves "conservatives" however they are emotionally driven just like liberals. Facts and reason don't matter to them. They parade around like pious folks hinting or down right stating they want to kill Greer and anyone else they don't agree with.

So true it is that it easier to control the uneducated and dumbed down by choice. What's left is just their irrational emotions. It's a sad situation made worse by willful ignorance on the part of the emotional sheeple.

[Pinetop]

I think Terri's case was used to pave the way for hospices to euthanize the incapacitated whether due to age or disability. The nexus between the hospice, Felos, Shames, Project Care or whatever it's called and the legislature is just too tidy. Euthanasia could be a very profitable industry in a state such as Florida.

Does anyone know if Felos is a scientologist?

[My2Cents]

Still upset about the Dresden bombings, eh?

[Kretek]

Or are you just concerned about the lives of American people?

Far too many people are. That's the problem.

[Undecided]

The 14th amendment argument was DOA. The argument that should have been made was that the patient's desires were not proven. Under the Schiavo Act, whether an argument had already been heard in state court wasn't relevant. The issue would have been addressed de novo.

The Cruzan case they cite here is a good basis for the argument, but not as a right to life but as a necessity for clear proof be required of Terri's desire to refuse medical treatment.

By raising a constitutional right to life argument, they were asking the court to set a ground breaking precedent. Asking the judge to allow a hearing on a question of evidence would have been easy - judges like easy. Give them an excuse to punt, and most punt every time.

Judge Greer allowed testimony from interested parties, parties with clear conflicts of interest, to serve as proof of Terri's wishes. If her lawyers couldn't convince a federal court to at least take a de novo look at that issue, they need to find a new line of work.