Posted on 03/21/2005 8:01:25 PM PST by freedomdefender
This federal judge in Tampa seems to be dragging his feet. Terry is starving. Are there any appellate lawyers out there who can tell me: Can Gibbs, the Schindlers' lawyer, make any kind of appeal to the 11th circuit in Atlanta before the district judge makes a ruling? If the judge stalls and stalls, the case will be moot because Terri will be dead. Is it possible to make an emergency appeal - at least for food, water for Terri pending a decision on the case - without a formal decision to appeal from?
Asking for some legal perspective
ping to read later
bump
ping for later
I don't think so, unless there is a ruling made that can be appealed. Maybe they can appeal the refusal of an emergency order to reinsert the tube.
first do no harm. she ought to have been fed while there is question about the decision. I once again understand those dreams where you're screaming but no one's hearing you.
does anyone know the answer to this question of appellate law? Is an emergency appeal possible for Terri - to the 11th circuit - if the district judge doesn't issue a ruling? Could Terri's lawyer at least ask the 11th circuit to order food, water, till the case is concluded?
If she's still alive, maybe. But it looks like the judge is delaying so that she won't be.
Yes, they can appeal for emergency relief. Since it has been "only" three days, and she has gone six before, the courts probably don't consider this an "emergency" as they test her endurance once again.
yes, if she's still alive.
Makes sense and therein lies the rub.
Give the judge a break, people. He needs to eat his breakfast , lunch, dinner, and snacks. How is a judge to think on an empty stomach?!
/dripping with sarcasm!
But as I understand it, the district judge hasn't even formally denied the request to reinsert the tube - - so there's nothing in the way of a formal decision to appeal from. Surely this isn't the first time something like this has arisen - a life-or-death need for interim relief, but no decision by the lower court on granting that relief; is it not possible for some kind of extraordinary request to the appellate court - maybe at least a request that they order the lower judge to make a decision one way or the other, so an appeal can happen?
thoughtomater is correct. And by the way, there's no reason to think an appeals court will act any faster. Keep in mind, this case has a multi-year history, and it's been less than 12 hours since the hearing was held. With all the evidence that the judge is gonna have to look over, you really can't expect a ruling at the snap of a finger.
I get the feeling that this judge is fully on board with the Death-to-Terri camp, and is using the power that he has to stall her to death.
This judge has to issue a ruling before the case can move to the 11th circuit.
So, even without a decision from district court, they can ask the appellate court to order water for her, until a decision on the merits of the case is finalized? If so, you'd think they'd be on the plane to Atlanta right now.
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