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SCHIAVO CASE: APPEAL COURT SAYS NO TO HER PARENTS
WSVN ^

Posted on 03/16/2005 10:06:33 AM PST by SoFloFreeper

TAMPA, Fla. (AP) -- A state appeals court has refused to block the expected removal of Terri Schiavo's feeding tube on Friday.


TOPICS: Culture/Society; News/Current Events; US: Florida
KEYWORDS: schiavo; terrischiavo; terrisfight
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Terri starves to death, so says the vaunted state appeals court.
1 posted on 03/16/2005 10:06:33 AM PST by SoFloFreeper
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To: SoFloFreeper
More from the AP: TAMPA, Fla. (AP) -- A state appeals court today refused to block removal of Terri Schiavo's feeding tube.

The Second District Court of Appeal in Lakeland turned down parents Bob and Mary Schindler on two key issues. That leaves intact the scheduled Friday removal of the feeding tube.

The court refused to overrule Pinellas Circuit Court Judge George Greer's denial of a stay while the parents pursue further appeals in the case.

The court also declined to order a new trial which the parents claim is necessary because Terri Schiavo had not been given an independent attorney to represent her interests.

The 41-year-old woman has been at the center of a long-running legal battle between her husband and parents.

2 posted on 03/16/2005 10:07:47 AM PST by SoFloFreeper
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To: SoFloFreeper

Absolutely awful.


3 posted on 03/16/2005 10:08:44 AM PST by EternalHope (Boycott everything French forever. Including their vassal nations.)
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To: SoFloFreeper

Keep trying, Schindler's!!!!!!!!!!! Hang in there, Terri. Waiting for Dept. of Children & Families to weigh in and take Terri into protective custody.


4 posted on 03/16/2005 10:09:28 AM PST by Saundra Duffy (Save Terri Schiavo!!!)
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To: All; Ohioan from Florida; amdgmary

5 posted on 03/16/2005 10:09:51 AM PST by Future Useless Eater (FreedomLoving_Engineer)
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To: SoFloFreeper

Unless the law can get passed in the house...this is nearing a horrible end.


6 posted on 03/16/2005 10:11:31 AM PST by My Favorite Headache ("I I think she did too much coke...ahh you think so Doctor?)
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There is ANOTHER approach... Ween her OFF the dang feeding tube that was started ONLY for CONVENIENCE of the nursing staff!





Electrical stimulation therapy
restores swallowing ability
.
So why KILL her?
  • Get her therapy
  • Get her OFF 'the tube'
  • Send her home with the Schindlers
  • Let Michael marry his fiance.



Judge Greer cited "news sources" that Sara Scantlin could BLINK her eyes on command "so she was not in PVS."

Father Pavone witnessed Terri's condition just one month ago [jump ahead to the 17 min mark] and he said:
  • She was very responsive.
  • She prayed with him, closed her eyes during the prayer, and opened them back up when done.
  • Mister Schindler kissed her and she kissed him back!



Documented Terri-vocabulary references
Words Witness
"mommy"
"momma"
"help me"
nurse - Heidi Law, certified nurse assistant
"pai[n]"     (meaning 'pain'
                when she was in discomfort)
'Haaaiiiii'   (meaning Hi,
                in response to 'Hi Terri')
'mommy'
'help me'
Nurse - Carla Sauer Iyer, R.N.

"'Help me' was, in fact, one of her most frequent
utterances. I heard her say it hundreds of times."
"stop"   (in response to one medical
                procedure being done on her)
Terri's MediPlex records
"ugh-hugh" (meaning yes)
"ugh-ugh" (meaning no)
"yea"
"No"
family members, and paralegal Tom Brodersen*

'yea' was a word she learned to speak in 2001.
    *
After Judge Greer heard of Tom Brodersen
secretly helping Terri learn to speak again,
Greer removed Brodersen from the
"approved visitor's list" permanently!




7 posted on 03/16/2005 10:11:48 AM PST by Future Useless Eater (FreedomLoving_Engineer)
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To: FL_engineer

Grrrrrrrrr!!!!!!! PINGS!!!!!!!!!!!!!!!


8 posted on 03/16/2005 10:12:00 AM PST by countrydummy
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To: SoFloFreeper

Just maybe she will be in the hands of the Lord on Friday instead of all the lunatics wanting to chain her to the public forum for the rest of her life.


9 posted on 03/16/2005 10:12:48 AM PST by Windsong (FighterPilot)
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To: Saundra Duffy
Keep trying, Schindler's!!!!!!!!!!! Hang in there, Terri. Waiting for Dept. of Children & Families to weigh in and take Terri into protective custody.

We are hanging in there WITH YOU TOO..........Prayers for a victory soon!!!!!!!!!!!Was this ruling expected?????

10 posted on 03/16/2005 10:13:22 AM PST by pollywog (Psalm 121;1 I Lift my eyes to the hills from whence cometh my help.)
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To: SoFloFreeper; Ohioan from Florida
The Florida DCF also has a motion in the Appeals Court. That motion has not yet been ruled on.

Their motion is stronger in that they are requesting more time to investigate allegations of abuse -- something the Appeals Court should grant.

Governor Jeb Bush has the authority and right to act if the Appeals Court does not listen to the DCF. The DCF has the power of executive branch of government which reckless Judicial Activists Judges are not allowed to step on.

11 posted on 03/16/2005 10:14:37 AM PST by topher (Pray for our leaders -- Pray for Justice for Terri Schiavo -- let her live!)
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To: SoFloFreeper

The Empire Journal site has been hacked, hacker taking down stories of Judge Greer's corruption. They completely took the site down last night. There is a big stink eminating from that area of Florida. AG Crist, are you going to do your job? Illegal activities authorized by Judge Greer have been and are still occurring and yet he reigns.

DCF is a useless entity if they have to get permission to do an investigation. Waiting to see what the ruling is on DCF from the 2nd DCA.


12 posted on 03/16/2005 10:17:19 AM PST by tutstar ( <{{--->< Impeach Judge Greer http://www.petitiononline.com/ijg520/petition.html)
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To: topher

What about the state legislation that was being considered?


13 posted on 03/16/2005 10:17:52 AM PST by piperpilot
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To: Windsong
What "Lord" are you referring to? It's obviously not the Lord Jesus Christ who gave us his inspired word.

If you think that you ARE referring to the Bible then please back up your assertations with scripture and verse. After all, that should be the source of all knowledge for those calling themselves Christians.
14 posted on 03/16/2005 10:18:02 AM PST by politicket
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To: Windsong
Just maybe she will be in the hands of the Lord on Friday instead of all the lunatics wanting to chain her to the public forum for the rest of her life.

That's just it though, at least for me. She won't pass away peacefully and/or quickly. She will die of starvation and dehydration. Not a quick death at all. Nor, painless.

This entire affair has made me sick, and I can barely bring myself to read the latest news on this poor woman anymore. The word "horrible" doesn't begin to describe this entire situation. I don't know of any word or phrase that could do it justice really.

15 posted on 03/16/2005 10:18:18 AM PST by FourtySeven (47)
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To: verity

guess it isn't so clear in the law...otherwise, all these vaunted judicial minds would be agreeing with me that they're taking a life without due process.


16 posted on 03/16/2005 10:18:18 AM PST by xzins ( Retired Army Chaplain and Proud of it!)
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To: FL_engineer

I want Terry to live but let's not blame the nursing staff for her feeding tube. That's pure nonsense.


17 posted on 03/16/2005 10:19:34 AM PST by whershey (www.worldwar4.net)
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To: whershey

What are the laws regarding Doctor Assisted Suicide in Florida? Because that's what this would be if Micheal Schiavo is to be believed. Which I don't.


18 posted on 03/16/2005 10:22:46 AM PST by massgopguy (massgopguy)
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To: whershey

http://www.sptimes.com/2005/03/16/State/_Who_there_would_take.shtml

Michael Schiavo invites Florida Governor to visit Terri in person.

Please ask the Governor to do that.

Gov. Jeb Bush
850-488-4441
850-487-0801 (fax)
jeb.bush@myflorida.com, fl_governor@myflorida.com, jeb@jeb.org, jeb@myflorida.com

Executive Office of Governor, Legal Team to Jeb (ask to speak to the following individuals):

Robert H. Fernandez (Deputy General Counsel to Governor) -> fernanr@eog.state.fl.us

Raquel A. Rodriguez (General Counsel to Governor) -> raquel.rodriguez@myflorida.com

Christa Calamas (Assistant General Counsel to Governor) -> calamac@eog.state.fl.us
850 / 488-3494 (voice)
850 / 488-9810 (fax)

+++

Please call those FL House Reps / Senators, US Congressmen and Senators:

Contact info, etc.:

http://tekgnosis.typepad.com


Gov. Bush,

Please visit Terri. Per Michael Schiavo via the St. Pete Times has
given you an open invitation:

http://www.sptimes.com/2005/03/16/State/_Who_there_would_take.shtml

Regards,

Juan Schoch
Lake Mary, FL
407-925-4141
http://www.eeng.net/eeng/ribbon/Visit_Terri_Jeb.html

P.S. It is my opinion that Terri is in danger from Michael Schiavo as he is inviting you to visit her via the St. Pete Times while at the same time blasting you in the national media. Please place Terri into protective custody and appoint a special prosecutor.

Others believe that Terri is going to be medicated when you visit her so that you will believe she has no hope. Terri is in danger from this unstable man and the Hospice of the Florida Suncoast, Inc.

Terri is in danger and Michael is inviting you (via St. Pete Times) to visit Terri and blasting you at the same time. Terri needs protective custody and please Governor assign a special prosecutor. It's time that you stand up to Michael Schiavo.

From another:

Re: Niteline

Michael teased us with almost tears on Nightline tonight? I mean... it was difficult not to roll on the floor laughing one's rear off, don't you agree??? Did you watch his eyes? Did you look at him???? He looks like a pale pasty plastered on the wall of conversation and he doesn't even know anymore that lots of people don't care what he has to say. He has become a joke.

From another:

Re: Good Morning America

I just watch a tape message from Terri's husband and now more then ever I believe he is just getting rid of his excess baggage. He says he loves her and will always love her. Then blasted the governor and made remarks against people who are fighting for Terri to live. He says he will receive no money after her death. He has bags under his eyes and tears in his eyes ...

From another:

I called Jeb Bush re: Michael inviting Jeb to visit. I WARNED Jeb that if he takes Michael up on the offer, Michael runs the hospice and Terri will be heavily sedated so that Jeb will think Terri is pvs.

From another:

TERRI WILL BE DRUGGED-OUT IF BUSH COMES TO VISIT HER.

From another:

My first thoughts regarding MS's invitation to Governor Bush is that they're betting that he won't come. The second is that Terri will have been given drugs prior to Jeb's visit.

You think some people have hit rock bottom, then they find a way to dig a little deeper. MS and Felos are getting desperate.

___

Please call those FL House Reps / Senators, US Congressmen and Senators:

Contact info, etc.:

http://tekgnosis.typepad.com


19 posted on 03/16/2005 10:22:55 AM PST by pc93 (http://www.blogsforterri.com)
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To: FL_engineer
Documented Terri-vocabulary references
Words Witness
"mommy"
"momma"
"help me"
nurse - Heidi Law, certified nurse assistant
"pai[n]"     (meaning 'pain'
                when she was in discomfort)
'Haaaiiiii'   (meaning Hi,
                in response to 'Hi Terri')
'mommy'
'help me'
Nurse - Carla Sauer Iyer, R.N.

"'Help me' was, in fact, one of her most frequent
utterances. I heard her say it hundreds of times."
"stop"   (in response to one medical
                procedure being done on her)
Terri's MediPlex records
"ugh-hugh" (meaning yes)
"ugh-ugh" (meaning no)
"yea"
"No"
family members, and paralegal Tom Brodersen*

'yea' was a word she learned to speak in 2001.
    *
After Judge Greer heard of Tom Brodersen
secretly helping Terri learn to speak again,
Greer removed Brodersen from the
"approved visitor's list" permanently!

Can someone send this to Gov. Bush!?

I have to leave for work now. I'll check when I get a chance. MEANTIME, SOMEONE SHOULD SEND THIS TABLE TO AS MANY LEGISLATORS (US AND FLA) AS POSSIBLE, AND TO THE GOVERNOR.

20 posted on 03/16/2005 10:23:19 AM PST by Lexinom
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To: Windsong
Just maybe she will be in the hands of the Lord on Friday instead of all the lunatics wanting to chain her to the public forum for the rest of her life.

You should remove the "pro-life" declaration on your about page.

21 posted on 03/16/2005 10:23:28 AM PST by MontanaBeth (NEVER FORGET)
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To: topher
Their motion is stronger in that they are requesting more time to investigate allegations of abuse -- something the Appeals Court should grant.

We need to all be praying right now for the appeals court and the DCF decision.

Father God I come into your presence with full confidence that you are in control, even though everything looks dark and blurry around us. I ask right now that your presence be felt in the courtroom where the Appeals Court is meeting. May justice be done in Terri's case. Overrule satan's attacks and bring us victory this very day. Grant a stay of execution for dear Terri. We ask this all in accordance with YOUR will and hearts' desire. Amen

22 posted on 03/16/2005 10:23:37 AM PST by pollywog (Psalm 121;1 I Lift my eyes to the hills from whence cometh my help.)
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To: Windsong

She is ALREADY in the hands of the Lord.


23 posted on 03/16/2005 10:23:55 AM PST by Politicalmom (Giving money and power to government is like giving whiskey and car keys to teenage boys.")
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To: Politicalmom

July 17, 1997 the Florida Supreme Court rejected Doctor Assisted Suicide in a case based on the right to privacy.


24 posted on 03/16/2005 10:26:44 AM PST by massgopguy (massgopguy)
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To: Windsong
Just maybe she will be in the hands of the Lord on Friday instead of all the lunatics wanting to chain her to the public forum for the rest of her life.

There are an awful lot of FReepers who claim to be channeling God and know His will as well as Terri's. It's strange IMHO. My God is a loving God, and I don't fear death as I know someday I'll go to a better place. If that is Terri's wish, I say let her go.

I pray that God's will and Terri's will be done.

25 posted on 03/16/2005 10:26:45 AM PST by Drango (All my ideas, good or bad, are stolen from other FReepers)
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To: Politicalmom

July 17, 1997 the Florida Supreme Court rejected Doctor Assisted Suicide in a case based on the right to privacy.


26 posted on 03/16/2005 10:27:03 AM PST by massgopguy (massgopguy)
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To: FourtySeven
This entire affair has made me sick, and I can barely bring myself to read the latest news on this poor woman anymore. The word "horrible" doesn't begin to describe this entire situation. I don't know of any word or phrase that could do it justice really.

Judging from the number of posts in this and other threads, I thought I was the only one that felt this way. I now know that I'm not alone. It's weird, but I have the same reaction to Terri's plight as I do whenever I hear about people torturing and killing puppies or kittens. It's grisly and so inhumane that it physically sickens me to read about it. I'm not much of a praying type, but I pray for Terri every day.
27 posted on 03/16/2005 10:29:00 AM PST by piperpilot
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To: piperpilot
It's grisly and so inhumane that it physically sickens me to read about it.

Me too. There are some times, even today, when if I think about the details too much, I literally, *literally* feel nauseous.

It's sick how twisted our world has become.

28 posted on 03/16/2005 10:31:30 AM PST by FourtySeven (47)
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To: FourtySeven
If Terry is given morphine, she won't feel a thing.

Of course, her parents would claim that Terri had to be "killed" with morphine, because the removal of artificial feeding was not enough.

29 posted on 03/16/2005 10:32:24 AM PST by george wythe
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To: pc93; amdgmary; BykrBayb; nicmarlo; cyn


The media always SHRINKS and DARKENS this pic so you CAN'T tell that Terri is PAYING VERY CLOSE ATTENTION to the person talking to her!
30 posted on 03/16/2005 10:32:52 AM PST by Future Useless Eater (FreedomLoving_Engineer)
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To: SoFloFreeper

bump


31 posted on 03/16/2005 10:32:58 AM PST by Burlem
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To: george wythe

TROLL BE GONE


thanks for stopping by Mister Felos /sarcasm>


32 posted on 03/16/2005 10:34:18 AM PST by Future Useless Eater (FreedomLoving_Engineer)
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To: Windsong
Just maybe she will be in the hands of the Lord on Friday instead of all the lunatics wanting to chain her to the public forum for the rest of her life.

Jesus wants incapacitated people starved to death so they can be with Him sooner? I must have missed that in the Bible.

33 posted on 03/16/2005 10:34:32 AM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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To: SoFloFreeper

If only Terri was living in ANWAR, then she would be allowed to LIVE!


34 posted on 03/16/2005 10:34:50 AM PST by beansox
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To: SoFloFreeper

Following from Cheryl Ford,
Volunteer with www.terrisfight.org:

"Read: Today, the 2nd DCA denied the motion for a stay.

They are using Dr. Wolfson's testimony to base their ruling.

Note: Wolfson has a JD and a doctorate degree in Public Health. He is not a Medical Doctor.

Jay Wolfson, Dr.P.H., J.D.

http://hsc.usf.edu/publichealth/eoh/jwolfson/

B.A., History,University of Illinois, Chicago 1973
M.A., History, New York University, 1974
M.P.H., Community Health Administration,
Indiana University, Bloomington 1975
Dr. P.H., Health Services Organizations,
University of Texas, Houston 1981
J.D., Law, Stetson University College of Law 1993


This is appaling and so apropos. Follows through with the corruption and ignorance in the local courts here in Florida. Terri's feeding tube will be removed on mARCH 18, 2005 AT 1:00PM ET based upon such decisions."

http://www.2dca.org/opinion/March%2016,%202005/2D05-968.pdf


35 posted on 03/16/2005 10:35:58 AM PST by FR_addict
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To: SoFloFreeper

Santorum Vows to SAve Terri Schiavo

A top GOP Senator is vowing to save a disabled Florida woman from a court-ordered starvation-execution this week, with the new legislation reportedly winning the backing of key leaders in the U.S. Senate.

Commenting on plans to remove Terri Schiavo's feeding tube this Friday, Sen. Rick Santorum told the Hill newspaper on Wednesday: "That's not going to happen on my watch."


http://www.geoffmetcalf.com

the article describes in detail what will happen to her as she dies....


36 posted on 03/16/2005 10:35:59 AM PST by Burlem
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To: Windsong

Do you plan to stop eating when Terri stops eating?


37 posted on 03/16/2005 10:36:32 AM PST by BykrBayb (5 minutes of prayer for Terri, every day at 11 am EDT, until she's safe. http://www.terrisfight.org)
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Comment #38 Removed by Moderator

To: Windsong

No, it won't happen that fast, maybe in two weeks, but in the mean time she will suffer immensley.


39 posted on 03/16/2005 10:38:19 AM PST by Burlem
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To: FL_engineer
High school name calling. That's all your "truth."

According to a 2003 article from World Net Daily,:

Terri's feeding tube was removed Wednesday by order of Pinellas County Circuit Court Judge George W. Greer.

Doctors say she can live no more than two weeks after its removal, but the Schindlers fear she could die this weekend from morphine treatment given to relieve some of the pain of the starvation process.


40 posted on 03/16/2005 10:39:39 AM PST by george wythe
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To: politicket

I thought the publisher had recalled all those Bibles with misprints that said "Thou shalt commit murder." I guess they missed one.


41 posted on 03/16/2005 10:39:42 AM PST by BykrBayb (5 minutes of prayer for Terri, every day at 11 am EDT, until she's safe. http://www.terrisfight.org)
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To: Drango
There are an awful lot of FReepers who claim to be channeling God and know His will as well as Terri's.

Channeling? Wrong religion. I use the Bible. I want the Scripture where Jesus says that says it's ok to starve those who are helpless or incapacitated.

42 posted on 03/16/2005 10:39:50 AM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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To: george wythe

43 posted on 03/16/2005 10:41:34 AM PST by Future Useless Eater (FreedomLoving_Engineer)
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To: george wythe
If Terry is given morphine, she won't feel a thing.

If they actually go through with this goulish act, then the husband and that idiot judge should be made to sit at her bedside the entire time she agonizes through starvation.

44 posted on 03/16/2005 10:41:58 AM PST by scottywr (The Dims new strategy..."If we lose enough elections, we'll get the sympathy vote.")
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To: Windsong

Almost sounds good the way you put it. But, before you tell us about the favor that is being done to her, deny yourself liquids for 72 hours. I bet you don't make 48 hours without feeling so bad you wouldn't wish it on your worst enemy.


45 posted on 03/16/2005 10:42:36 AM PST by trebb ("I am the way... no one comes to the Father, but by me..." - Jesus in John 14:6 (RSV))
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To: Drango

Actually, those who pretend to be channelling God are the ones who insist God wants Terri murdered. The rest of us get our information about God's wishes from His Word. If you have one of those Bibles that says "Thou shalt commit murder," please return it to the publisher for a refund.


46 posted on 03/16/2005 10:45:52 AM PST by BykrBayb (5 minutes of prayer for Terri, every day at 11 am EDT, until she's safe. http://www.terrisfight.org)
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To: FR_addict
Thanks for the link to the opinion. It seems that the apellate court may not rule in favor of DCF either, if you read between the lines:
The trial court's decision does not give Mrs. Schiavo's legal guardian the option of leaving the life-prolonging procedures in place. No matter who her guardian is, the guardian is required to obey the court order because the court, and not the guardian, has determined the decision that Mrs. Schiavo herself would make.

The legal process utilized by the trial court in this case is not new. Long before Mrs. Schiavo suffered her heart attack in February 1990, the Supreme Court of Florida had already determined that the express right of privacy in article I, section 23, of the Florida Constitution gave both competent and incompetent persons the right to forego life-prolonging procedures


47 posted on 03/16/2005 10:46:40 AM PST by george wythe
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To: george wythe
ZOT!


48 posted on 03/16/2005 10:48:23 AM PST by Future Useless Eater (FreedomLoving_Engineer)
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To: SoFloFreeper
The basic and undisputed situation:
1. The patient is not on life-support, but has brain damage.
2. The patient's spouse says that she said that she would prefer non-resuscitation at one point in her life.
3. The spouse has no actual proof of this statement, other than his word.
4. The patient's blood relatives dispute this claim.
5. It is possible that the patient may have changed her mind in the meantime.

The court is being presented with a choice:
A. Forbid the feeding tube, thus starving the patient to death (a very unpleasant demise by any standard)
B. Allow the feeding tube until the patient's wishes might be more firmly established (which could mean never, of course, abd expiration occurs from other natural causes).

Why on earth would any rational judge select choice A? The mere possibility of an unjust or unwanted termination of life should easily outweigh the unsubstantiated no-resuscitation wish. This decision violates numerous basic tenets of law: unclear estate wishes are typically voided, err on the side of caution when lives are at stake, prohibition against state sanction of unwarranted cruelty to citizens (even the worst of the worst), etc.

49 posted on 03/16/2005 10:48:57 AM PST by Teacher317
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To: SoFloFreeper

Break out the industrial strength aluminum hats and asbestos suits, the fanatic Save Terri At All Costs crowd is on a rampage.

Is it Christian to make up lies and repeat lies about abuse and neglect to demonize Michael because people disagree with the fully legal and often reviewed decisions? Like I tell the fanatical Democrats with the conspiracy theories on the last election. Get over it. You are in the minority and the majority voted for Bush. In this case, Judge Greer was recently re-elected by a wide majority. The polls show a wide majority of people agree with his decisions.

Flame on all you want.


50 posted on 03/16/2005 10:49:44 AM PST by ORECON (PaleoCon - NRA Life Member - Molon labe)
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