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Why Terri's Parents Lost: the Real Story
Newsmax.com | 03-29-05 | Newsmax.com

Posted on 03/28/2005 7:48:32 PM PST by Theodore R.

Schindlers Were Outgunned by Lawyers Early

In case you were wondering, with so many facts in dispute about the Terri Schiavo case, the answer is relatively clear: The Schindlers, well-intentioned as they have been, were outgunned in the early legal fight that sealed their daughter's fate.

The early legal maneuvering created "facts" that are now beyond dispute in higher courts. One is the unbelievable claim by Michael Schiavo that Terri wanted to be starved and dehydrated to death.

One Florida attorney told the story on Steve Sailer's Web blog (www.isteve.com).

Here's what the lawyer wrote:

"I have been following the case for years. Something that interests me about the Terri Schiavo case, and that doesn't seem to have gotten much media attention: The whole case rests on the fact that the Schindlers (Terri's parents) were totally outlawyered by the husband (Michael Schiavo) at the trial court level.

"This happened because, in addition to getting a $750K judgment for Terri's medical care, Michael Schiavo individually got a $300K award of damages for loss of consortium, which gave him the money to hire a top-notch lawyer to represent him on the right-to-die claim. He hired George Felos, who specializes in this area and litigated one of the landmark right-to-die cases in Florida in the early '90s.

"By contrast, the Schindlers had trouble even finding a lawyer who would take their case since there was no money in it. Finally they found an inexperienced lawyer who agreed to take it partly out of sympathy for them, but she had almost no resources to work with and no experience in this area of the law. She didn't even depose Michael Schiavo's siblings, who were key witnesses at the trial that decided whether Terri would have wanted to be kept alive. Not surprisingly, Felos steamrollered her.

"The parents obviously had no idea what they were up against until it was too late. It was only after the trial that they started going around to religious and right-to-life groups to tell their story. These organizations were very supportive, but by that point their options were already limited because the trial judge had entered a judgment finding that Terri Schiavo would not have wanted to live.

"This fact is of crucial importance -- and it's one often not fully appreciated by the media, who like to focus on the drama of cases going to the big, powerful appeals courts: Once a trial court enters a judgment into the record, that judgment's findings become THE FACTS of the case, and can only be overturned if the fact finder (in this case, the judge) acted capriciously (i.e., reached a conclusion that had essentially no basis in fact).

"In this case, the trial judge simply chose to believe Michael Schiavo's version of the facts over the Schindlers'. Since there was evidence to support his conclusion (in the form of testimony from Michael Schiavo's siblings), it became nearly impossible for the Schindlers to overturn it. The judges who considered the case after the trial-level proceeding could make decisions only on narrow questions of law. They had no room to ask, "Hey, wait a minute, would she really want to die?" That "fact" had already been decided.

"In essence, the finding that Terri Schiavo would want to die came down to the subjective opinion of one overworked trial judge who was confronted by a very sharp, experienced right-to-die attorney on one side and a young, quasi-pro bono lawyer on the other.

"Nothing unusual about this, of course. It's the kind of thing that happens all the time. But it's an interesting point to keep in mind when you read that the Schiavo case has been litigated for years and has been reviewed by dozens of judges ... yadda yadda yadda.

"By the way, I'm guessing that George Felos is probably quite happy to work the Schiavo case for free at this point since it's making him one of the most famous right-to-kill -- I mean right-to-die -- lawyers in the country. His BlackBerry has probably melted down by now, what with all the messages from the hurry-up-and-die adult children you've been blogging about."


TOPICS: Culture/Society; Government
KEYWORDS: georgejfelos; lawyers; schiavo; schindlers
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There is nothing that can be done to reverse a "finding of fact" in a trial court. That is one of the travesties of American "justice." But this does not apply to criminals, does it?
1 posted on 03/28/2005 7:48:35 PM PST by Theodore R.
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To: Theodore R.
They were outgunned. They just wanted to take care of their daughter.

How could they know a truck was about to hit them run by very organized groups with ruthless adherence to their beliefs and goals.

2 posted on 03/28/2005 7:50:19 PM PST by tallhappy (Juntos Podemos!)
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To: Theodore R.

But that is the reason the US Congress wanted the Federal Court to have a "de novo" hearing, so they don't start with the false "established facts".

But the Courts refused.


3 posted on 03/28/2005 7:51:14 PM PST by FairOpinion
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To: Theodore R.

Nice try, but I think the deck was stacked against Terri from the beginning.

Her husband's attorneys were campaign donors to Greer, for example (conflict of interest?)

Felos arranged to have the Florida law revised BEFORE he filed the Schiavo case.

And there are a lot of other odd things about this case,
which make it stink like three-day old fish. . .


4 posted on 03/28/2005 7:52:00 PM PST by CondorFlight
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To: Theodore R.
Since about mid-day today, something has been bothering me: a question, I suppose. Apparently Michael Schiavo commands tht Terri's body be cremated AFTER an autopsy when she has died. I'd like to know if any of her body organs are being purchased and by whom; and are these being purchased and who gets the money.

Yes, of course this sounds grim; but does anyone know, now, had Terri signed to "be an organ donor"? No, I haven't give up on her at all. I'm hearing peeps (sneak previews?) via news, however...

5 posted on 03/28/2005 7:53:36 PM PST by Alia
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To: Theodore R.

http://www.freerepublic.com/focus/f-news/1372471/posts
How the Schiavo Federal Court Case Might Have Been Won FindLaw's Writ ^ | Saturday, Mar. 26, 2005 | By MICHAEL C. DORF


6 posted on 03/28/2005 7:53:36 PM PST by fight_truth_decay
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To: Theodore R.

Congress passed a law giving them the right to a trial de novo, but the lawyers didn't ask for that in their first federal lawsuit. Much of the anger here at FR that has been directed toward Jeb Bush and the judges really should be directed equally toward the lawyers for Terri's parents. Why on earth did they wait until the last minute to bring forth the evidence of Terri's statement that she wanted to live?


7 posted on 03/28/2005 7:54:21 PM PST by pollyg107
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To: tallhappy
Fixed your typo:

"How could they know a truck was about to hit them run by very organized groups with ruthless adherence to their beliefs and goals ghouls."

8 posted on 03/28/2005 7:54:52 PM PST by null and void (innocent, incapacitated, inconvenient, and insured - a lethal combination for Terri...)
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To: Alia

After the abuse she's suffered, I doubt her organs will be suitable for harvesting.


9 posted on 03/28/2005 7:57:28 PM PST by null and void (innocent, incapacitated, inconvenient, and insured - a lethal combination for Terri...)
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To: Theodore R.
Michael Schiavo individually got a $300K award of damages for loss of consortium,

Then might I suggest Michael Schiavo enagage in consortium with himself?

The pro-death lobby set this case up long ago. They stacked the deck, they ran the table, and they ran the Schindlers like pigeons in three-card monty. They're organized evil like no other, and they want what they want. When they're willing to ennoble murder, you can't think there's a single thing they won't try.

10 posted on 03/28/2005 7:58:14 PM PST by atomicpossum (Replies should be as pedantic as possible. I love that so much.)
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To: Alia

it's a good question ... maybe a professional on this board can answer. I've assumed that her internal organs would not be usable as they will have shut down due to the dehydration. Perhaps her eyes could be used.


11 posted on 03/28/2005 7:58:16 PM PST by EDINVA (i)
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To: Theodore R.

This analysis is spot on. The trial judge decides "the facts." And most cases are decided based on the resolution of disputed facts, not disputes as to the law.


12 posted on 03/28/2005 7:58:19 PM PST by TheConservator (George W. Bush--elected our President by an historical majority of the American Public!)
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To: pollyg107
Why on earth did they wait until the last minute to bring forth the evidence of Terri's statement that she wanted to live?

Good question. They had time for TV and radio appearances during the week.

13 posted on 03/28/2005 7:58:28 PM PST by churchillbuff
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To: Theodore R.
But this does not apply to criminals, does it?

Actually, it does. It stems from the belief that the people, in the form of a jury, should be the triers of fact, and the judges should stick to interpreting the law. When you have a case where there's no jury trial, the judge ends up filling both roles but the appeals process remains unchanged. This is true for both civil and criminal cases. Frankly, I'm not sure there's a better way of doing it.

14 posted on 03/28/2005 7:59:48 PM PST by ArmstedFragg
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To: null and void

I know they had poor legal counsel for the trial, but I really question the attorney they have now. I have my doubts about him. Maybe he did not present the proper case to the fed. courts? ( I am not sticking up for the fed. courts)


15 posted on 03/28/2005 7:59:52 PM PST by 54skylark
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To: atomicpossum

Bingo. Why don't more people get it?


16 posted on 03/28/2005 7:59:54 PM PST by null and void (innocent, incapacitated, inconvenient, and insured - a lethal combination for Terri...)
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To: null and void

I know they had poor legal counsel for the trial, but I really question the attorney they have now. I have my doubts about him. Maybe he did not present the proper case to the fed. courts? ( I am not sticking up for the fed. courts)


17 posted on 03/28/2005 8:00:51 PM PST by 54skylark
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To: Theodore R.
I'm attaching your post to my thread and would like your input on developing charges against those guilty of killing Terri. NEEDED: A MOVIE ABOUT TERRI (SCHINDLER) SCHIAVO
18 posted on 03/28/2005 8:02:05 PM PST by Yosemitest (It's simple, fight or die)
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To: pollyg107

I think an earlier poster hit it on the head. All they wanted was to take care of their daughter. I'm sure they never saw the tidal wave of animosity that their 'son-in-law' had for their daughter and for them. By the time they realized they were in fight to the death with major league players, it was too late.


19 posted on 03/28/2005 8:02:42 PM PST by Vor Lady
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To: atomicpossum

"...Then might I suggest Michael Schiavo enagage in consortium with himself?..."

It is comments like these that keep me coming back to freerepublic. Kudos to atomicpossum for this very fitting phrase.


20 posted on 03/28/2005 8:02:55 PM PST by seams2me (Laura Bush is my first lady for 4 more years!)
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To: tallhappy
How could they know a truck was about to hit them run by very organized groups with ruthless adherence to their beliefs and goals.

Of course, they probably did not realize the depth of Clearwater's attachment to the Scientology philosophy, if not the actual church itself.

21 posted on 03/28/2005 8:03:03 PM PST by Theodore R. (Cowardice is forever!)
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To: Theodore R.

An interesting thing is that I was talking to my brother --he has a JD in law and an LLM as well.

He says that most of the lawyers he talks to realize that this has been a travesty of the law and quite poorly done.

However--and this was an interesting point of view to me--he says that this case is really about ABORTION not T.S. at all, and that the legal community understand this very well. The problem is--that if the courts establish some kind of default of "erring on the side of life" this opens the door to acknowledging the "right to life" and he says that once you acknowledge a "right to life" then it is only a matter of time before "right to life" trumps the "right to privacy" which is what the law currently uses to justify abortion.

clinton purposefully put in a LOAD of rabid pro-abortion judges--and these judges know very well that acknowledging any sort of right to live would be against their abortion intersts. And so--T.S must die. It is an interesting theory--for what it is worth.


22 posted on 03/28/2005 8:03:11 PM PST by OH Swing Voter
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To: CondorFlight
Yessir, it smells to high heaven. I am sure that when Felos had Herr Michael place Terri in his $5,000 a month hospice, he knew exactly that he had his Jane Roe.

Felos gives me the creeps.

23 posted on 03/28/2005 8:03:26 PM PST by Slyfox
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To: pollyg107

it's so easy for all these legal scholars to talk about where the Schindlers' attorneys failed ... but where were they when the Schindlers needed them? Their lawyers have worked on this case for years, pro bono. Time for the big-time, showboat lawyers to stfu.


24 posted on 03/28/2005 8:03:34 PM PST by EDINVA (i)
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To: Theodore R.

I am sure someone will correct me if I am wrong. Appeals are usually filed to challenge " findings of law" . There is a distinction between " findings of fact" and " findings of law". It is usually assumed and it is very rare to overturn a decision based on findings of fact. I am sure someone else can provide some examples of the difference.


25 posted on 03/28/2005 8:05:23 PM PST by lastchance (Life is sacred.)
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To: tallhappy
They were outgunned.

As a lot of people with public defender's are

26 posted on 03/28/2005 8:06:37 PM PST by MilspecRob (Most people don't act stupid, they really are.)
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To: churchillbuff

I've been watching this issue trying to maintain some sanity. We have a planet with 6 billion people on it. Hundreds of thousands are dying regularly in conflicts and genocidal events. Political prisoners are tortured in many parts of the world. Our brave soldiers are hunting down bad guys all over the world. They die regularly in Iraq in a great effort to inject liberty into a region that has precious little of it.

Day in, day out the world is happening to us.

Day in, day out 90% of the postings on FR are about Terri Schiavo. This is most definitely a very sad situation for all parties. No one wants this to happen.

Who is paying for all of this?

I don't like criminals testing the legal system to the tune of hundreds of thousands or millions of dollars. Of course, they are convicted criminals.

Terri has done nothing wrong. But this situation is costing taxpayers what I suspect is millions of dollars. I don't know the answer to this question, but I suspect some of you diehards do - who is to pay for her medical attention after the last trickle of settlement money runs out in April 2005?

The world is about difficult choices. Efficiency (that little engine that has driven capitalism, development, and general progress) dictates that at times uncomfortable decisions must be made. We assign value to lives in law suits. We don't intervene in every country that needs intervention. We eat our vegetables. We even put down animals. Choices. If our new paradigm is "life at all costs," then all of you should pick up those peace protestor placards and head to the next antiwar protest.

This holier than thou thing with this case is unsavory. For awhile I thought holy cow this guy has another family and is ignoring her parents. That's all Freepers talk about. I had no idea her family encouraged him to get out and on with his life. Whatever the truth is, its not the mantra so many folks on FR are proposing it is.

People should write down what they want done in this situation. When that's not done, someone else will necessarily decide. Those others may disagree.

We can't stop the world when there is a disagreement. I've read many of the rantings and ravings of people here who are disgusted about what is happening. Well, I for one am disgusted that most of those I thought to be my ideological compatriots are so whacked out that they are willing to toss logic out the window over a case in which the facts are very heavily in dispute. I thought the right to lifers who bombed clinics were the fringe lunatics.

If FR, talk radio, and conservative columnists are any indication, I may have been wrong. What in the world convinced so many of you to toss out thinking of the world, Iraq, the issues of the day and in lieu focus all on what amounts to a political ploy which is taking advantage of a terrible situation?

Terri may or may not have wanted to have lived in her condition. I find it hard to believe she would want her legacy to this world to have been the image of a helpless woman in her current state who people used for a political agenda. It's gross. And a terrible and dishonorable way to have spent the last of her days here.

I don't know what the Schindlers are doing today but I certainly hope they're sitting at her side loving her. I fear they are taking copious notes for their movie deal.

Besides, its all in His hands. For some reason I don't think moving the political crosshairs onto men like George Bush helps, does it?


27 posted on 03/28/2005 8:08:16 PM PST by hoyaloya
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To: EDINVA

You are morbid..in this thread. Harvesting?...she is fighting for her life. Have erased the rest of my comments!
The cheap tabloids probably liberal based would bring up crap like this.


28 posted on 03/28/2005 8:08:20 PM PST by fight_truth_decay
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To: Theodore R.

HEADS UP: WFTV OUT OF ORLANDO JUST ANNOUCED ON THE 11:00 NEWS THAT JESSE JACKSON IS COMING TO THE HOSPICE TOMORROW AT THE INVITATION OF THE SCHINDLERS.


29 posted on 03/28/2005 8:08:22 PM PST by sheikdetailfeather
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To: Theodore R.

Ah yes, my former cult. It shows up a lot lately...


30 posted on 03/28/2005 8:08:40 PM PST by null and void (innocent, incapacitated, inconvenient, and insured - a lethal combination for Terri...)
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To: lastchance
Appeals are usually filed to challenge " findings of law" . There is a distinction between " findings of fact" and " findings of law". It is usually assumed and it is very rare to overturn a decision based on findings of fact.

This is exactly right, as I understand it. I still cannot fathom Mr. Gibbs not ASKING for de novo review when that is why he went to Tampa last Monday.

31 posted on 03/28/2005 8:08:46 PM PST by Theodore R. (Cowardice is forever!)
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To: pollyg107
Why on earth did they wait until the last minute to bring forth the evidence of Terri's statement that she wanted to live?

Who knows. But they did bring it up, and the evidence was rejected by the courts as being not timely presented.

32 posted on 03/28/2005 8:08:55 PM PST by Cboldt
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To: ArmstedFragg
Maybe a jury would have been more resistant, although I doubt it. As you know there has been a continuous professionalizing of the legal process, with juries first being denied their historical role as interpreters of law as well as fact, then the replacement of laymen by lawyers on the bench, and no the progressive elimination of juries as a factor in civil trials. Even where juries are allowed, the most competent persons are culled from the pool.
33 posted on 03/28/2005 8:10:25 PM PST by RobbyS (JMJ)
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To: Theodore R.

Congress wanted a denovo review. That is a fresh look at ALL the facts/issues.


34 posted on 03/28/2005 8:10:30 PM PST by ClintonBeGone (In politics, sometimes it's OK for even a Wolverine to root for a Buckeye win.)
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To: hoyaloya

I hope Terri costs the taxpayers all that they can pay! I have no sympathy for the taxpayer angle of this horror. Didn't Adolf Hitler also cite saving tax money as a reason for his starvation/dehydration murders?


35 posted on 03/28/2005 8:11:14 PM PST by Theodore R. (Cowardice is forever!)
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To: Theodore R.

Finding Fact, Justice You cannot be speaking of our Judicial System. O.J., Blake, Lizzie Borden, Terri Schiavo? how many times do you read about some poor schmuck who was wrongly convicted and freed through DNA 20 years later. Often as not with irefutable evidence staring the DA in the face insisting they got the right guy.


36 posted on 03/28/2005 8:12:29 PM PST by Bigfitz (The mind is like a parachute works best when open)
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To: Theodore R.
The laywer that represents her "guardian/husband" is insane!

From his book "Litigation As Spiritual Practice - George Felos -2002: Chapter Eight, “Soul-Speak” “As I continued to stay beside Mrs. Browning at her nursing home bed, I felt my mind relax and my weight sink into the ground. I began to feel light-headed as I became more reposed. Although feeling like I could drift into sleep, I also experienced a sense of heightened awareness. As Mrs. Browning lay motionless before my gaze, I suddenly heard a loud, deep moan and scream and wondered if the nursing home personnel heard it and would respond to the unfortunate resident. In the next moment, as this cry of pain and torment continued, I realized it was Mrs. Browning. I felt the mid-section of my body open and noticed a strange quality to the light in the room. I sensed her soul in agony. As she screamed I heard her say, in confusion, ‘Why am I still here … why am I here?’ My soul touched hers and in some way I communicated that she was still locked in her body. I promised I would do everything in my power to gain the release her soul cried for. With that the screaming immediately stopped. I felt like I was back in my head again, the room resumed its normal appearance, and Mrs. Browning, as she had throughout this experience, lay silent.” (73)

What a nut!! He thinks people like Terry Shindler are talking to him in his mind. He hears voices. Asking him to kill them.

37 posted on 03/28/2005 8:12:51 PM PST by isthisnickcool (Here come da king, er, judge!)
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To: null and void
Bingo. Why don't more people get it?

Most Freepers get it but most people in the country look at you like you have three heads if you start talking about the 'pro-death' lobby.

The MSM keeps repeating the lies that Felos is telling and most normal people think that it would be cruel to make Terri continue living 'like this' when she plainly didn't want to live by 'unnatural means'. They're buying the lies hook line and sinker.

38 posted on 03/28/2005 8:15:38 PM PST by pgkdan
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To: FairOpinion
But that is the reason the US Congress wanted the Federal Court to have a "de novo" hearing, so they don't start with the false "established facts". But the Courts refused.

It would have helped if the federal appellate briefs actually raised the de novo questions, rather than arguing just why the lower court was wrong. You don't do that in a de novo appellate situation.

39 posted on 03/28/2005 8:15:51 PM PST by jude24 (The Republicans are the party that says government doesn't work and then gets elected and proves it.)
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To: EDINVA
it's so easy for all these legal scholars to talk about where the Schindlers' attorneys failed ... but where were they when the Schindlers needed them?

Excuse me but where is there any evidence that any of them knew anything about the case back in the 90's when this case was decided. It was a small time case in backwater Florida. It wasnt until years after the Schindlers made their trial court mistake that anyone ever heard of Terri Schiavo. Their nobel nominated Dr. Hamelfarb was another low budget mistake. The guy is not some super doc. He's borderline quack and he doesnt treat people in PVS. Could be the quality of evidence brought before Greer is what led to his decision and not corruption. The judge is not bound to collect evidence for one side when they are being ill served by their attorney. His job is to weigh the evidence presented to him. Present him with garbage or dont do a good job of challenging Michaels witness and that is your problem.

40 posted on 03/28/2005 8:16:22 PM PST by Dave S
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To: RobbyS
the most competent persons are culled from the pool.

I've always seen that as a mixed bag. On the one hand, you get people who roll over for counsel who claim to be "channeling" the victim. On the other hand, common sense is often the province of the common folk.

41 posted on 03/28/2005 8:16:50 PM PST by ArmstedFragg
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To: Theodore R.

George Felos is a clever devil, isn't he?


42 posted on 03/28/2005 8:17:11 PM PST by Saundra Duffy ("Where there's life, there's hope." Theresa Marie SCHINDLER)
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To: 54skylark

I figure it would not have mattered how great the attorney had been. Like another poster, the fix was in here. The real "Terri's Law" was the one in 1999, dictated by Felos' goons to a nonsuspecting legislature and Gov.


43 posted on 03/28/2005 8:17:16 PM PST by Hattie
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To: Theodore R.

It is SUCH a travesty. Michael got the money to puruse Terri's DEATH on Terri's back.


44 posted on 03/28/2005 8:17:33 PM PST by TAdams8591 (Evil succeeds when good men don't do enough!!!!!!)
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To: Theodore R.

"There is nothing that can be done to reverse a "finding of fact" in a trial court. That is one of the travesties of American "justice." But this does not apply to criminals, does it?"

It seems to me the Congress and President gave the Federal courts the right to establish "new finding of facts", but the judge dropped the ball.


45 posted on 03/28/2005 8:17:59 PM PST by Balata
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To: hoyaloya
One life isn't important enough? How about two? What is the threshold?

While I believe Terri is important enough to fight for there also issues of principal.

We watched "The Passion" last night with our children and the portrayal of Pontious Pilate was eerie. Another man who stood by and let the innocent die. After all, He's only one Man...

46 posted on 03/28/2005 8:18:02 PM PST by TapTap (</Judicial Tyranny>)
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To: TAdams8591
That's "pursue."
47 posted on 03/28/2005 8:18:38 PM PST by TAdams8591 (Evil succeeds when good men don't do enough!!!!!!)
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To: Theodore R.
At Least there is one Judge that Dissented.

11th Circuit Atlanta,WILSON, Circuit Judge, dissenting: I strongly dissent from the majority’s decision to deny the request for an injunction pursuant to the All Writs Act and the request for a preliminary injunction. First, Plaintiffs have demonstrated their entitlement to a preliminary injunction. Second, the denial of Plaintiffs’ request for an injunction frustrates Congress’s intent, which is to maintain the status quo by keeping Theresa Schiavo alive until the federal courts have a new and adequate opportunity to consider the constitutional issues raised by Plaintiffs. The entire purpose for the statute was to give the federal courts an opportunity to consider the merits of Plaintiffs’ constitutional claims with a fresh set of eyes. Denial of Plaintiffs’ petition cuts sharply against that intent, which is evident to me from the language of the statute, as well as the swift and unprecedented manner of its enactment. Theresa Schiavo’s death, which is imminent, effectively ends the litigation without a fair opportunity to fully consider the merits of Plaintiffs’ constitutional claims. We should, at minimum, grant Plaintiffs’ All Writs Petition for emergency injunctive relief. First, I note that there is no precedent that prohibits our granting of this petition. Second, mindful of equitable principles, the extraordinary circumstances presented by this appeal require that we grant the petition to preserve federal jurisdiction and permit the opportunity to give Plaintiffs’ claims the full and meaningful review they deserve. In considering this extraordinary case, I am mindful that “[t]he essence of In Bonner v. Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), we adopted as 1 binding precedent the decisions of the former Fifth Circuit handed down prior to October 1, 1981. 12 equity jurisdiction has been the power of the Chancellor to do equity and to mould each decree to the necessities of the particular case. Flexibility rather than rigidity has distinguished it. The qualities of mercy and practicality have made equity the instrument for nice adjustment and reconciliation between the public interest and private needs as well as between competing private claims.” Swann v. Charlotte- Mecklenburg Bd. of Educ., 402 U.S. 1, 15 (1971) (citations omitted). Keeping those principles firmly in mind, “mercy and practicality” compel us to grant the relief requested. I. All Writs Act, 28 U.S.C. § 1651 The All Writs Act provides: “The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.” 28 U.S.C. § 1651. Federal courts have “both the inherent power and the constitutional obligation to protect their jurisdiction . . . to carry out Article III functions.” Procup v. Strickland, 792 F.3d 1069, 1074 (11th Cir. 1986) (en banc) (emphasis added). Toward that end, the All Writs Act permits federal courts to protect their jurisdiction with regards to “not only ongoing proceedings, but potential future proceedings.” Klay v. United Healthgroup, Inc., 376 F.3d 1092, 1099 (11th Cir. 2004) (internal citations omitted); ITT Comm. Devel. Corp. v. Barton, 569 F.2d 1351, 1359 n.19 (5th Cir. 1978) (“When potential jurisdiction 1 exists, a federal court may issue status quo orders to ensure that once its

48 posted on 03/28/2005 8:18:52 PM PST by agincourt1415 (4 More Years of NEW SHERIFF IN TOWN!)
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To: churchillbuff
Because they were to busy appealing to the higher courts. This news was on World Net Daily the day they took her tube out. I highly doubt it would have made any difference if they did come forward immediately. Greer stopped them from bringing any video cameras in or else they could have taped the event.

I wonder if Greer was abused as a child by his mother or some other woman.MCD
49 posted on 03/28/2005 8:19:09 PM PST by MSCASEY (Our God is an Awesome God!)
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To: Saundra Duffy

A clever devil who doesn't back down. We need a few of those on our side for a change.


50 posted on 03/28/2005 8:19:53 PM PST by TAdams8591 (Evil succeeds when good men don't do enough!!!!!!)
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