FL. Loses Appeal in Terri Schiavo Case

Oceanbreeze said:
There's been more court action in the case:

http://hosted.ap.org/dynamic/storie....shtmlTE=FLPET&SECTION=STATE&TEMPLATE=DEFAULT
sorry, bad link
 
Codger said:
sorry, bad link

Okay, sorry about that.

Here's a copy/paste of the article.

State appeals court won't block removal of Schiavo's feeding tube
By VICKIE CHACHERE
Associated Press Writer

TAMPA, Fla. (AP) -- A state appeals court refused Wednesday to block removal of Terri Schiavo's feeding tube, shifting focus to the Legislature in the right-to-die battle between the brain-damaged woman's husband and her parents.

The 2nd District Court of Appeal in Lakeland turned down parents Bob and Mary Schindler on two key issues they hoped might halt the scheduled 1 p.m. Friday removal of the feeding tube.

The court agreed with the refusal of Circuit George Greer of Clearwater to delay the removal of the feeding tube while the Schindlers pursued appeals in the case.

The court also declined to set aside Greer's ruling that Terri Schiavo's feeding tube should be removed, rejecting arguments that her rights were violated when she did not have an independent attorney representing her interests.

In an 11-page opinion, the court said Greer's decision was properly reached under state laws after fully considering all the evidence in the case and said that law cannot be changed at this stage of the case.

"No one who considers the dismal history of countries in which courts and judges have abandoned the rule of law would ask us to abandon the rule of law even in this case," Chief Judge Chris Altenbernd wrote.

Attorney Barbara Weller, who represents the Schindlers, wouldn't say whether the ruling would be appealed to the Florida Supreme Court. Weller said she was not surprised by the ruling, only that it came a day earlier than expected, giving attorneys more time to explore legal options.

"We had always counted on the fact that the 2nd DCA would deny what we filed," Weller said. "It hasn't narrowed our options."

George Felos, who represents Michael Schiavo, could not immediately be reached for comment.

Schiavo, 41, has been hospitalized since 1990 when her heart stopped beating temporarily and oxygen was cut off to her brain. Doctors have ruled she is in a persistent vegetative state and Michael Schiavo has said his wife would not want to be kept alive artificially with no hope for recovery.

Her parents dispute that she has no mental cognition and say their daughter responds to them with laughter, smiles and tears.

It is expected that it will take one to two weeks for her to die if her tube is pulled.

A separate appeal by the Department of Children & Families asking for a 60-day stay while it investigates allegations Terri Schiavo was mistreated by her husband is also pending before the Lakeland court. The court Wednesday set deadlines for filings in that appeal for later this month - long after Terri Schiavo's tube could be removed.

Wednesday's curt ruling came as both legislators in Tallahassee and members of Congress considered legislation that could affect events in the case.

Florida legislators said it's far from certain whether bills aimed at blocking the tube's removal will pass by Friday. The state Senate and House were scheduled Thursday to consider competing bills that some negotiators said would be difficult to reconcile in time.

"We need to able to talk long and hard about this," said state Rep. Shelley Vana, D-West Palm Beach. "I know that we're trying to meet a deadline, but we have to pass good legislation."

The appellate court said in Wednesday's ruling that the issues the Schindlers' raised were not new ones and had been dealt with previously by numerous courts.

"The decision has been subject to appeals and postjudgement scrutiny of all varieties, and it remains a valid judgment pursuant to the laws and the constitution of this state," Altenbernd wrote. "Not only has Mrs. Schiavo's case been given due process, but few, if any similar cases have ever been afforded this heightened level of process."

The court said the Schindlers have had the opportunity to present evidence disputing their daughter is in a vegetative state, and even the independent guardian assigned to her case in 2003 did not challenge the medical diagnosis that Terri Schiavo's movements are primal reflexes, not a reaction to her parents or her environment.

"For those of us who are not trained physicians and who do not deal on a daily basis with patients in vegetative states, or with the difficult decision to remove life-sustaining treatment, the images of Mrs. Schiavo's face are haunting," Altenbernd wrote.

"But the images do not reveal the full extent of the devastation to her brain and her inability to engage in cognition."

The appeals court ruling came as protesters began what they say will be around-the-clock vigils outside the Pinellas Park hospice where Terri Schiavo lives. Those who are backing her parents efforts said they were not surprised by Wednesday's ruling.

"I am disappointed," said the Rev. Patrick Mahoney, director of the Washington-based Christian Defense Coalition. "I am not surprised. We still must move forward."

© 2005 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Learn more about our Privacy Policy.




© Copyright 2003-4 St. Petersburg Times. All rights reserved.
 
Looks like Congress is going to get involved

Congress may try to intercede in Schiavo case

By JESSE J. HOLLAND
Associated Press Writer

WASHINGTON (AP) -- Republicans may try to pass legislation this week moving the final decision over Terri Schiavo's life to federal court, a move they hope will delay the removal of her feeding tube on Friday.

House Judiciary chairman James Sensenbrenner, R-Wis., and Dave Weldon, R-Fla., introduced a bill Wednesday that would allow Schiavo's parents to ask a federal judge to hear her case after the state appeals process is completed.

That judge would be limited to deciding whether withholding or withdrawing food, fluids or medical treatment from an incapacitated person violates the Constitution or U.S. law, according the legislation.

The measure is expected to be before the full House for approval by Thursday.

Senate Republicans are expected to introduce identical legislation or take up the House bill. However, it is unlikely that Democrats would allow the legislation to pass the Senate without debate or committee action.

Congress is set to start its Easter recess Friday.

The legislation is separate from an earlier bill introduced by Weldon and GOP Sen. Mel Martinez of Florida that would have full access to specific cases of disabled people who have not left a written directive and whose families are at odds over whether to withdraw a feeding tube.

"The leadership in the Senate is completely committed to getting a bill passed and having it on the president's desk by Friday," said Martinez. The bill is the first he's filed since taking office in January. "It was an urgent thing and something I felt I could not walk away from."

Bills have also been introduced in the Florida Legislature attempting to block the removal, but it is unclear if they can be reconciled and passed before Friday.

Federal judges have twice turned down the efforts of Terri Schiavo's parents, Bob and Mary Schindler, to move the case out of state courts, citing a lack of jurisdiction.

Terri Schiavo, 41, suffered severe brain damage in 1990 when her heart stopped temporarily, and court-appointed doctors say she is in a persistent vegetative state. Her husband says she told him she would not want to be kept alive artificially. Her parents dispute that, and say she could get better with the proper treatment.

Late last month, Circuit Judge George Greer granted Michael Schiavo permission to remove the feeding tube. A state appellate court upheld that ruling Wednesday. If the tube is pulled, it could take a week or two for Terri Schiavo to die.

© 2005 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Learn more about our Privacy Policy.
 
Hmmm....it just in:


Wednesday, March 16, 2005 · Last updated 9:25 p.m. PT

U.S. House OKs bill to delay Schiavo case


By JESSE J. HOLLAND
ASSOCIATED PRESS WRITER

WASHINGTON -- The House passed legislation late Wednesday intended to delay the removal of the feeding tube keeping alive a brain-damaged woman whose husband has been given permission by a state court to allow her to die.

Earlier in the day, a Florida appeals court refused to block the removal of Terri Schiavo's feeding tube. For years her husband has battled her parents over his efforts to allow her to die, which he contends she would prefer rather than live in a vegetative state.

The House bill, passed on a voice vote, would move such a case to federal court. Federal judges have twice turned down efforts by the parents, Bob and Mary Schindler, to move the case out of Florida courts, citing a lack of jurisdiction.

Senate Republicans are introducing a separate bill to give Schiavo and her family standing in federal court, and they hope it can be debated on Thursday, a GOP aide said.

Under the House legislation, a federal judge would decide whether withholding or withdrawing food, fluids or medical treatment from an incapacitated person violates the Constitution or U.S. law. It would apply only to incapacitated people who had not left directives dealing with being kept alive artificially and for whom a state judge had authorized the withholding of food or medical treatment.

Schiavo, 41, suffered severe brain damage in 1990 when her heart stopped temporarily, and court-appointed doctors say she is in a persistent vegetative state. Her husband, Michael Schiavo, says she told him she would not want to be kept alive artificially. Her parents disagree that was her wish and say she could improve with proper treatment.

Florida Circuit Judge George Greer has granted Michael Schiavo permission to remove the feeding tube, a ruling a state appellate court upheld Wednesday. Without the feeding tube, which the state court allowed to be removed as early as Friday, Terri Schiavo would likely die in one to two weeks.

"What's going on in Florida regarding Terri Schiavo is nothing short of inhumane," said House Judiciary Chairman James Sensenbrenner, R-Wis., who introduced the bill with Rep. Dave Weldon, R-Fla.

Some House members criticized the bill, which Rep. Jerrold Nadler, D-N.Y., called "a dangerously reckless way to deal with some serious issues."

"It does not deal just with feeding tubes. It would allow intervention in any decision affecting any kind of medical care. Read the bill," Nadler said.

The Florida appeals court said in Wednesday's ruling that the issues the Schindlers' raised were not new ones and had been dealt with previously by numerous courts.

"Not only has Mrs. Schiavo's case been given due process, but few, if any similar cases have ever been afforded this heightened level of process," Chief Judge Chris Altenbernd wrote.

The court also rejected the Department of Children & Families' request for a 60-day stay while that agency investigates allegations that Terri Schiavo has been abused.

The Schindler's planned to ask the Supreme Court to consider whether their daughter's religious freedom and due process rights have been violated. Federal courts have declined to become involved the case.

In Tallahassee, the House and Senate were considering competing proposals to prevent the removal of Terri Schiavo's feeding tube.

The bills would block the removal of feeding tubes from patients in a persistent vegetative state who didn't leave specific verbal or written instructions otherwise. But the Senate plan would only affect cases where families disagreed.


Source: http://seattlepi.nwsource.com/national/apwashington_story.asp?category=1153&slug=Brain%20Damaged%20Woman%20Congress
 
Heh, it just means that Terri's parents can now take the case to Federal court to appeal to a different judge (NOT Judge Greer this time!) But it may look like they will not be removing Terri's feeding tube anytime soon.
 
Michael should be bankrupt by now....
All of these Court fee he has to pay... :smash:
I bet it is $100,000 or something more.
 
deadline tomorrow at 2 to remove the tube....hope nothing will block it. Terri need to go.
 
Yeah, i wonder same thing. Look at the mother from Houston, her baby had to die because of rare diease of dwarfism, they had to remove breathing machine. I don't and will never understand the situation with terri case.
 
Terri didn't even broke the law....

Scott Peterson get death penalty for murdering.

And Terri Schiavo get death because she ain't well enough.

We have to pay taxes for Scott Peterson and all prisoners
for food and tv.

But we can't help out Terri Schiavo and give her therapy and stuff. Even the homeless people who need financial support.

What is wrong with this society???? :crazy:


And then it would be okay to neglect any babies or children who
are disabled... cause then the law might say so, that it is okay
to starve a disabled person to death.
 
Toonces said:
Heh, it just means that Terri's parents can now take the case to Federal court to appeal to a different judge (NOT Judge Greer this time!) But it may look like they will not be removing Terri's feeding tube anytime soon.

Not quite yet. There's still a senate version of the bill that needs to be ironed out and passed. Then, the President has to sign it.
As of right now, we're still in a wait and see pattern. Her tube can still be removed as of 1pm tomorrow. Unless, the Supreme Ct intervenes or that bill passes.

Stay tuned. More is to follow.
 
Wow...
Michael is so stupid... he needs to give up...
cause when the Congress gets involved...
He can't do anything about it.

Ain't no Senators or President will killed this lady...
cause it will ruining their votes.
 
Miss*Pinocchio said:
Wow...
Michael is so stupid... he needs to give up...
cause when the Congress gets involved...
He can't do anything about it.

Ain't no Senators or President will killed this lady...
cause it will ruining their votes.

Well, yes. Congress is trying to get involved, but anything they try to pass will be ruled unconsitutional. Therefore, all they are really doing is serving to delay the inevitable....again.
 
Oceanbreeze said:
Well, yes. Congress is trying to get involved, but anything they try to pass will be ruled unconsitutional. Therefore, all they are really doing is serving to delay the inevitable....again.

HAHAHA, Terri might as well get therapy while this is happening...
 
Miss*Pinocchio said:
HAHAHA, Terri might as well get therapy while this is happening...

You know...That might sound in poor taste to some people. But, I can understand the comic aspect to what you said. I really can.
 
Oceanbreeze said:
Thank you, Toonces. I was actually in the process of posting the same update, but was having trouble with my link. Thanks for helping me out on this.

:)


You're welcome. :)
 
You might think it sounds crazy, but the chairman wants Terri Schiavo to testify before the congressional committee. :eek2: They didn't say when, though. But they're going to issue statutory protections for Terri, at least for now.

Read a little more about it at http://www.bradleake.com/


...Unless, of course, someone tells me it is not true. :S
 
Whoops, here's another article....the Supreme Court rejected the appeal from Terri's parents. (Aww.)


Supreme Court rejects Schiavo appeal
Feeding tube to be removed from brain-damaged woman Friday

Thursday, March 17, 2005 Posted: 10:45 PM EST (0345 GMT)


(CNN) -- Less than 18 hours before Terri Schiavo was scheduled to have her life-sustaining feeding tube removed, the U.S. Supreme Court rejected an emergency appeal by her parents to stop the procedure.

The court rejected the appeal by Bob and Mary Schindler on Thursday, clearing the way for Schiavo's husband, Michael, to have the feeding tube removed Friday -- 15 years after she collapsed from heart failure that led to her brain damage.

Meanwhile, legislation that would keep her alive appeared to stall in the Florida Legislature and the U.S. Congress.

With time running out in the case, President Bush weighed in on the matter Thursday, saying society and the nation's courts "should have a presumption in favor of life" on such matters.

"Those who live at the mercy of others deserve our special care and concern. It should be our goal as a nation to build a culture of life, where all Americans are valued, welcomed and protected -- and that culture of life must extend to individuals with disabilities," Bush said in a written statement.

The Schindlers filed an emergency appeal early Thursday with the Supreme Court to stop the feeding tube from being removed, arguing that their daughter's religious freedom and due process rights were being violated. But at 7 p.m., the high court rejected the appeal without comment.

On another front, the Florida Supreme Court rejected a request for a stay by the state's Department of Children and Families, citing a lack of jurisdiction. The agency had argued that it needed time to investigate allegations of abuse by Schiavo's husband.

In Washington, the U.S. Senate passed a narrower version of a House bill that would give federal courts jurisdiction in Schiavo's case. The House passed a broader bill Wednesday that would give federal courts jurisdiction, not only for the Schiavo case, but also for people in similar conditions.

With the House in recess for Easter, it appeared that a compromise bill would not make its way to Bush's desk, because there was not enough time to reconcile the differences.

The Senate's bill prompted a terse response from House Speaker Dennis Hastert and House Majority Leader Tom DeLay.

"House Republicans knew we had a moral obligation to act and we did just that last night," they said in a joint statement. "As Terri Schiavo lays helpless in Florida, one day away from the unthinkable and unforgivable, the Senate Democrats refused to join Republicans to act on her behalf."

In response, Senate Democratic Leader Harry Reid shot back, "If the House Republicans refuse to pass our bipartisan bill, they bear responsibility for the consequences."

Senate Majority Leader Bill Frist said he was proud of the Senate bill and called on the House to follow its lead.

"To knowingly and purposely starve Ms. Schiavo to death would be callous, cruel and immoral," said Frist, a doctor. "I am hopeful that the House will consider and pass this legislation quickly."

Bills in the Florida legislature also seemed to fizzle by late Thursday.

Lower courts have ruled that Schiavo, 41, is in a "persistent vegetative state."

Michael Schiavo contends his wife would not want to be kept alive artificially. But her parents argue she had no such death wish and believe she can get better with rehabilitation.

Both sides have been embroiled in a legal wrangle over whether Schiavo should live or die. Schiavo did not leave anything in writing about what she would want if she ever became incapacitated.

Courts have sided with her husband in more than a dozen cases over the years.

A probate court late last month ruled that, barring a stay, Schiavo's feeding tube would be removed at 1 p.m. Friday. Upon removal of the tube, the court estimated Schiavo would die in seven to 14 days.

Her feeding tube has been removed twice before, most recently in 2003. That year, Gov. Jeb Bush pushed a law through the Florida Legislature that authorized him to resume the woman's feedings six days after a court stopped them. The Florida Supreme Court later ruled the law unconstitutional.

Source: http://www.cnn.com/2005/LAW/03/17/schiavo.brain-damaged/index.html
 
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