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Michael Challenges Terri's Law, Wants Guardian Appointment Delayed
LifeNews.com ^ | October 30, 2003 | Steven Ertelt

Posted on 10/30/2003 4:16:36 PM PST by nickcarraway

Pinellas Park, FL (LifeNews.com) -- Michael Schiavo made his challenge of "Terri's Law" official by having his attorney submit a 44-page filing that calls the law unconstitutional. Meanwhile, his attorneys also filed a separate legal motion asking that the appointment of an independent guardian for Terri be delayed while this lawsuit is pending.

In filing his motion seeking to overturn the law and Governor Bush's executive order allowing doctors to reinsert Terri's feeding tube, Michael's attorney George Felos contends the law violates Terri's right to privacy and separation of powers under the state constitution.

Felos, an assisted suicide advccate, filed the brief along with lawyers from the ACLU, who joined the case last week.

"It argues that her constitutional right to refuse medical treatment was, in essence, cast aside by a statute that allows the governor to do that under any whim and without any standards and without any review," said Felos.

Now, Attorney General Charlie Crist has a week to file a response on Bush's behalf.

"We will be responding in court," said Bush spokesman Jacob DiPietre. A hearing date has not been set.

The legal battle is likely to head to the Florida Supreme Court, which earlier refused to hear the lawsuit filed by Terri's parents.

Pat Anderson, an attorney for Terri's parents has not yet read the filing, but she says ending Terri's life -- not protecting it -- would be unconstitutional. She says it would violate laws that require protection of those with disabilities and also violate her Constitutional right to life.

Terri's law also allowed an independent guardian to be appointed for Terri.

Bob and Marcy Schindler, Terri's parents, objected to the appointment of Dr. Jay Wolfson, a professor of health and law at Florida-based Stetson University, as Terri's guardian. They say he should not be appointed because he has already made his opinion in the case known by opposing Terri's Law and Bush's order helping her.

On Wednesday, Deborah Bushnell, Michael's other attorney, asked Chief Circuit Judge David Demers to delay the appointment of a guardian until after the Terri's Law suit has been completed.

Related web sites: http://www.terrisfight.org


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; Miscellaneous; News/Current Events; Philosophy; Politics/Elections; US: Florida
KEYWORDS: courts; florida; prolife; terrischiavo

1 posted on 10/30/2003 4:16:36 PM PST by nickcarraway
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To: Lady In Blue; Canticle_of_Deborah; MarMema; kimmie7; floriduh voter; JulieRNR21; NautiNurse; ...
ping
2 posted on 10/30/2003 4:16:59 PM PST by nickcarraway (www.terrisfight.org)
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To: nickcarraway
Does anyone have Chief Circuit Judge Demers email address? We need to write, and write quickly! thank you for posting this nick.
3 posted on 10/30/2003 4:20:18 PM PST by Republic
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To: Graymatter; sweetliberty; Dante3; Mo1
FYI!
4 posted on 10/30/2003 4:21:08 PM PST by Republic
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To: Republic
Let's keep e-mailing polite and informative letters. If we all keep writing it will make a difference.
5 posted on 10/30/2003 4:28:19 PM PST by Dante3
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To: nickcarraway
This is sacrier than any "Halloween" movie ever made.
6 posted on 10/30/2003 4:30:59 PM PST by Saundra Duffy (For victory & freedom!!!)
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To: nickcarraway
On Wednesday, Deborah Bushnell, Michael's other attorney, asked Chief Circuit Judge David Demers to delay the appointment of a guardian until after the Terri's Law suit has been completed.

In other words . . . delay appointing a non-biased guardian until Terri's life has been snuffed out by Mikey's continued torture (and probably final smothering) of this defenseless woman !!!

.

7 posted on 10/30/2003 4:59:20 PM PST by GeekDejure (<H3> Searching For The Meaning Of "Huge" Fonts !!!</H3>)
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To: nickcarraway
"It argues that her constitutional right to refuse medical treatment was, in essence, cast aside by a statute that allows the governor to do that under any whim and without any standards and without any review," said Felos.

There are at least two lies in that assertion.

8 posted on 10/30/2003 5:07:33 PM PST by shhrubbery!
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To: All
Is there anything in the myriad of threads on Terri that tells us how she is doing since the food and water was restarted? Anyone know?
9 posted on 10/30/2003 5:11:47 PM PST by Lynne
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To: nickcarraway
an attorney ad litem can not be denied access except by order of the judge.

BTW the talking point for the ACLU is seperation of powers. They do not like legislature interfearing with thier court rulings. Never mind the FACT that judges routinly tell those who appear before them to "write to the legislature if you don't like the law."

The appointment of a guardian adds to the protection of the courts. It is hard to imagine they would deny it. This is ESPECIALLY true in hot cases like this. In fact Mr. Michael is making a PR mistake opposing this. If anything he would have more access to the guardian lawyer than anyone else.
10 posted on 10/30/2003 5:16:47 PM PST by longtermmemmory (Vote!)
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To: nickcarraway
Thanks for this article.
11 posted on 10/30/2003 5:17:26 PM PST by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: nickcarraway
Thanks for this article.
12 posted on 10/30/2003 5:17:28 PM PST by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: nickcarraway
This is why I monetarily support the ACLJ, Jay Sekulow's organization, to fight the ACLU and their culture of death.
13 posted on 10/30/2003 5:18:39 PM PST by Ciexyz
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To: Lynne
there is a daily thread.
14 posted on 10/30/2003 5:18:43 PM PST by longtermmemmory (Vote!)
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To: nickcarraway
"We will be responding in court," said Bush spokesman Jacob DiPietre. A hearing date has not been set.

The legal battle is likely to head to the Florida Supreme Court, which earlier refused to hear the lawsuit filed by Terri's parents.

On Wednesday, Deborah Bushnell, Michael's other attorney, asked Chief Circuit Judge David Demers to delay the appointment of a guardian until after the Terri's Law suit has been completed.

It could be a long time until this suit has been completed and all the appeals run out! In the meantime, Terri needs a guardian. Demers seems like the appropriate person to email and call about this.

15 posted on 10/30/2003 5:19:57 PM PST by lonevoice (Legal disclaimer: The above is MY OPINION)
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To: Republic
with all due honesty, I would advise against contacting the judge...this case is in motion with hearings and no one is to bias the judge. We would do better by keeping this case in the news and to help educate the public. I am a former police dispatcher and a former victims advocate and the judge is to hear the case in the court only. If he turns on the news and hears of the case constantly...he will know that Americans are watching intently but we will not have tried to intervene. If anyone tried to contact a judge here...they would be in serious trouble and I don't want anyone to get into trouble. I want to see Michael Schiavo lose this case so Terri can live.
16 posted on 10/30/2003 5:30:49 PM PST by ruoflaw
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To: Ciexyz
This is why I monetarily support the ACLJ

Is this the right organization? I've never heard of them before. Their top story is about supporting Terri.

17 posted on 10/30/2003 6:05:05 PM PST by yhwhsman ("Never give in--never, never, never, never, in nothing great or small..." -Sir Winston Churchill)
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To: ruoflaw
If you have something of significance to add, you could file a seperate petition to adress the court. (like an amicus brief of the appeals courts) You would need an attorney to argue the reason to adresss the court. IF you convince the judge THEN you MIGHT be allowed to speak. In all likelyhood you will not be allowed to be heard.
18 posted on 10/30/2003 6:09:10 PM PST by longtermmemmory (Vote!)
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To: nickcarraway; sweetliberty
More on the guardian issue here: http://www.sbcbaptistpress.org/bpnews.asp?ID=16965. Excerpt below...

Separate petitions on the issue of who should represent Terri Schiavo in legal proceedings also were filed Oct. 29 by lawyers representing Michael Schiavo and Terri Schiavo's parents, the Schindlers.

Gov. Bush's Oct. 21 executive order called for a "guardian ad litem" to be appointed by the court. Pinellas Circuit Court Judge W. Douglas Baird Oct. 22 said he would appoint Jay Wolfson, both a medical doctor and a lawyer, and professor of health and law at Stetson University, to the role if an agreement could not be worked out between Michael Schiavo and the Schindlers. Wolfson also is affiliated with the College of Public Health at Florida State University and the College of Medicine at the University of South Florida.

On Oct. 24, Anderson, the Schindlers' attorney, filed a petition on behalf of the parents which questioned Wolfson's fitness for the appointment after he "demonstrated bias" toward Michael Schiavo by appearing on a news show that aired on WFTS, the local ABC affiliate, Oct. 22. Anderson said the Schindlers believe Wolfson expressed opposition to Terri's Law during the interview.

The Oct. 29 petition Anderson filed repeats the Schindlers' objection to Wolfson as guardian ad litem, proposing instead Mary Ann Quartetti, a local professional guardian, or any other guardian "who takes no stand on the advisability of 'Terri's Law,'" is "willing to act as an advocate" and is already known to the court.

Deborah Bushnell, another of Michael Schiavo's attorneys, handling the guardianship matter, asked in the Oct. 29 petition that the court "reconsider" its Oct. 22 order requiring the appointment of a guardian ad litem until such a time as the "constitutionality" of Terri's Law is determined.

The petition filed by Felos warns "each day that the ward receives nutrition and hydration is a violation of, not only her expressed wishes, but her constitutional rights under the laws of the state of Florida and the United States."

The petition filed on behalf of the Schindlers argues, however, that Terri's Law is "presumptively constitutional" and asks that the scope of a guardian ad litem appointed by the court include: the authority to make recommendations ensuring Terri is "treated with all of the dignity and fairness to which she is entitled as a human being"; the authority to investigate whether it is in Terri's best interest to divorce her husband; and determine whether her care during medical crises has been adequate.

In reference to the proposal of investigating whether Terri Schiavo would be best served by a divorce from her current guardian and husband Michael Schiavo, the petition states that "he has abandoned their marital relationship in favor of a long-term adulterous relationship with another woman."

Michael Schiavo had admitted publicly he has a girlfriend whom with he has a child, although he told Larry King on Larry King Live Oct. 27 he has no plans to marry the woman. "I'm fortunate to have two women in my life that I love very much," Schiavo said.

19 posted on 10/30/2003 6:15:41 PM PST by lonevoice (Legal disclaimer: The above is MY OPINION)
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To: lonevoice
I would always vote for the practicing attorney. Full time law professors are generally not permitted to have a practice as a condition of the professorship. Some smaller law schools may "bend" that if the professor is important enough.

They need someone who has dealth with 100's of these cases not a few.
20 posted on 10/30/2003 6:22:27 PM PST by longtermmemmory (Vote!)
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To: longtermmemmory
dealth = delt

Someone with people skills. Law professors are refugees from the legal profession.

(they are not known for their people skills.)
21 posted on 10/30/2003 6:24:39 PM PST by longtermmemmory (Vote!)
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To: lonevoice
"The petition filed by Felos warns "each day that the ward receives nutrition and hydration is a violation of, not only her expressed wishes, but her constitutional rights under the laws of the state of Florida and the United States."

Felos is a twisted, sadistic ghoul! How does one take the undisputed (by rational people anyway) right to life, guaranteed by the Constitution, and turn it into, "allowing someone food and water is a violation of her Constitutional rights?"

22 posted on 10/30/2003 6:24:46 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: longtermmemmory
dealth -> delt -> dealt

Sorry to be so picky, but if you're going to correct someone's spelling, you're just embarrassing yourself if you spell your correction wrong. Just my two cents.
23 posted on 10/30/2003 6:55:56 PM PST by pbmaltzman
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To: nickcarraway
So, what's up with Michael? He can't give up any control of Terri? In any event, she's still with us. Thank God for that.
24 posted on 10/30/2003 7:04:54 PM PST by floriduh voter (Breaking at baynews9.com...conservative-spirit.org Visit a Local Site)
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To: Republic
I don't have Demers email handy but it's on the Terri Daily Thread at the top. Just click on the Call to Action Thread - the biggie. Or, see if it's at terrisfight.org.

I called Demers' office today as a concerned citizen. They let me speak. I told them before I started that I wasn't calling to scream at them. I can't imagine what it's like to work in the Pinellas County Court System right now since citizens think 2/3 of the Judges are corrupt.

25 posted on 10/30/2003 7:07:51 PM PST by floriduh voter (Breaking at baynews9.com...conservative-spirit.org Visit a Local Site)
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To: Saundra Duffy
No trick or treats at my house. Seriesly.
26 posted on 10/30/2003 7:09:37 PM PST by floriduh voter (Breaking at baynews9.com...conservative-spirit.org Visit a Local Site)
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To: Lynne
Every day I ask, "she looks good." I haven't heard otherwise.
27 posted on 10/30/2003 7:11:00 PM PST by floriduh voter (Breaking at baynews9.com...conservative-spirit.org Visit a Local Site)
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To: yhwhsman
Yes, that's the right organization
28 posted on 10/30/2003 7:13:37 PM PST by JessClark
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29 posted on 10/30/2003 7:13:53 PM PST by Bob J (www.freerepublic.net www.radiofreerepublic.com...check them out!)
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To: lonevoice
Wolfson is tied to Stetson Law College? Last week they opined on tv and wfla 970 radio that they thought what Jeb Bush did was unconstitutional. I called their PR person and he said they were just rendering a "legal opinion", not choosing sides.

Now, if Wolfson is thick as thieves with Stetson Law College and he's already commented against Jeb's Executive Order, it doesn't look good for Wolfson.

Meanwhile, I'm confident that Jeb's attorney will kick some serious ACLU behind back to Miami.

30 posted on 10/30/2003 7:14:56 PM PST by floriduh voter (Breaking at baynews9.com...conservative-spirit.org Visit a Local Site)
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To: pbmaltzman
Uh, I THINK someone is allowed to attempt to correct their OWN spelling. : )
31 posted on 10/30/2003 7:17:15 PM PST by Politicalmom
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To: sweetliberty
Felos shoulda been a genie in a bottle. He's always talking about "wishes". But, I've seen his presser where he said DEATHBED, DEATH PROCESS, PAINLESS, BRAIN DEAD.

NOW THAT'S SPOOKY.

He needs a psych exam.

32 posted on 10/30/2003 7:20:59 PM PST by floriduh voter (Breaking at baynews9.com...conservative-spirit.org Visit a Local Site)
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To: dandelion
#30. Wolfson affiliated with Stetson in addition to USF. Stetson opined against Jeb Bush's Executive Order just one day last week. I think they were afraid to join the fray after all but they may still be tied to Wolfson who's a pro death guy too, whether Stetson likes it or not.
33 posted on 10/30/2003 7:25:18 PM PST by floriduh voter (Breaking at baynews9.com...conservative-spirit.org Visit a Local Site)
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To: sweetliberty
Ditto that on Felos - IMO a charlatan using euthanasia as a way to make money. I do not believe his positions arise from any deeply held set of moral beliefs.

All the more frightening then...

34 posted on 10/30/2003 7:41:16 PM PST by eleni121
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To: floriduh voter
Looking into it now. I'm seeing a lot of information beyond Stetson that indicates Wolfson is for one thing only - protecting the hospice and hospital industries in Florida...

That leaves NO room for protecting Terri.
35 posted on 10/30/2003 7:50:20 PM PST by dandelion
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To: Republic
The Sixth Judicial Circuit

David A. Demers(Chief Judge)

Rm. 400, 545 First Avenue North St. Petersburg, FL 33701 (727) 582-7882 Appeals

Demers, Judge David, E-mail Address(es):

DDemers@co.pinellas.fl.us

Also, check this out!

http://www.jud6.org/GeneralInfo/ADAAssist/ada.htm

36 posted on 10/30/2003 8:04:29 PM PST by AnimalLover
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To: dandelion
Did you hear about the Letter to the Editor Today in the Tampa Tribune? Some guy from Tampa who works in a critical care unit practically BEGGED WOLFSON NOT TO CAVE LIKE JEB BUSH. If John Berger (Barger) KNOWS JAY WOLFSON, what a novel way to communicate with each other without picking up a phone. Send a message through the local newspaper instead of risking a phone call or a conference. FV
37 posted on 10/30/2003 8:11:36 PM PST by floriduh voter (Breaking at baynews9.com...conservative-spirit.org Visit a Local Site)
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To: nickcarraway
Wouldn't it only be proper that Terri have someone representing her in these lawsuits? Even if a guardian ad litem weren't needed for other purposes, it would seem like the lawsuits attempting to strike down "Terri's Law" would in and of themselves necessitate the appointment of a guardian ad litem.

Unless someone really wants to maintain that Felos is representing Terri's best interest in these lawsuits, which would be sort of a hard thing to maintain when the whole reason for Terri's law in the first place was that Felos wasn't.

38 posted on 10/30/2003 10:32:49 PM PST by supercat (Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
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To: supercat
Except that the lawsuits against Terri's Law aren't technically about Terri because the law isn't technically about Terri. The law gave Jeb the power to intervene in a Terri-like case.

Unless someone were to get Terri added as a party to the case, but I don't know if that is legally possible.
39 posted on 10/31/2003 8:24:25 AM PST by libravoter (Live from the People's Republic of Cambridge)
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To: nickcarraway
Terri is not safe until Michael Schiavo - WHO WANTS TO MURDER HER - is removed from her life forever.
40 posted on 10/31/2003 8:25:50 AM PST by Saundra Duffy (For victory & freedom!!!)
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