Posted on 04/04/2005 8:06:29 AM PDT by tessalu
:^)
Yeah, back in 2K, they still seemed interested in the Constitution.
That was before many sick rulings from their own, rotted fish head.
Legal Chronology Schindler-Schiavo Case
December 1963… Terri's birth date
November 1984… Terri & Michael marry
February 1990… Terri suffers cardiac arrest and a severe loss of oxygen to her brain
May 1990… Terri leaves hospital and is brought to a rehabiliation center for aggressive therapy
July 1990… Terri is brought to the home where her husband and parents live; after a few weeks, she is brought back to the rehabilitation center
November 1990… Terri is taken to California for experimental therapies
January 1991… Terri is returned to Florida and placed at a rehabilitation center in Brandon
July 1991… Terri is transfered to a skilled nursing facility where she receives aggressive physical therapy and speech therapy
May 1992… Michael and the Schindlers stop living together
January 1993… Michael recovers $1 million settlement for medical malpractice claim involving Terri's care; jury had ruled in Michael's favor on allegations Terri's doctors failed to diagnose her bulimia, which led to her heart failure; case settled while on appeal
March 1994… Terri is transferred to a Largo nursing home
May 1998… Michael files petition for court to determine whether Terri's feeding tube should be removed; Michael takes position that Terri would choose to remove the tube; Terri's parents take position that Terri would choose not to remove the tube
February 2000… Following trial, Judge Greer rules that clear and convincing evidence shows Terri would choose not to receive life-prolonging medical care under her current circumstances (i.e., that she would choose to have the tube removed)
March 2000… Judge Greer denies petition for more swallowing tests, finds it uncontested Terri cannot swallow sufficiently to live
April 2000… Terri is transferred to a Hospice facility
January 2001… Second District Court of Appeal affirms the trial court's decision regarding Terri's wishes
April 23, 2001… Florida Supreme Court denies review of the Second District's decision
April 23 or 24, 2001… Trial court orders feeding tube removed
April 24, 2001… Terri's feeding tube is removed for the first time
April 26, 2001… Terri's parents file motion asserting they have new evidence regarding Terri's wishes
April 26, 2001… Trial court denies Terri's parents' motion as untimely
April 26, 2001… Terri's parents file new legal action against Michael Schiavo and request that the removal of Terri's feeding tube be enjoined; the case is randomly assigned to Judge Quesada
April 26, 2001… Judge Quesada grants the temporary injunction, orders Terri's feeding tube restored
July 2001… Second District rules that Judge Greer erred in denying the motion alleging new evidence and, in essence, orders the trial court to consider whether new circumstances make enforcement of the original order inequitable; Second District also reverses the temporary injunction and orders dismissal of much of the new action filed before Judge Quesada
(Date uncertain)… Terri's parents detail their reasons why enforcement is inequitable: (1) new witnesses have new information regarding Terri's wishes, and (2) new medical treatment could sufficiently restore Terri's cognitive functioning such that Terri would decide that, under those circumstances, she would continue life-prolonging measures; Terri's parents also move to disqualify Judge Greer
(date uncertain)… Trial court denies both motions as insufficient
October 2001… Second District affirms the denial of the motion to disqualify and the motion regarding the new witnesses; the appellate court reverses the order with regard to potential new medical treatments and orders a trial on that question with doctors testifying for both sides and a court-appointed independent doctor
March 2002… Florida Supreme Court denies review of the Second District's decision
October 2002… Judge Greer holds a trial on the new medical treatment issue, hearing from doctors for both sides and a court-appointed independent doctor; Terri's parents also assert that Terri is not in a persistent vegetative state
Schindlers file emergency motion for relief from judgment based on a 1991 bone scan report indicating Terri's body had previously been subjected to trauma
November 22, 2002… Following trial, Judge Greer denies Schindlers' motion for relief (new medical evidence motion), rules that no new treatment offers sufficient promise of improving Terri's cognitive functioning and that Terri is, in fact, in a persistent vegetative state
November 22, 2002… On this same day, Judge Greer denies Schindlers' emergency motion related to the 1991 bone scan
June 2003… Second District affirms the trial court's decision denying Schindlers' motion for relief from judgment
August 22, 2003… Florida Supreme Court denies review of the Second District's decision
August 30, 2003… Terri's parents file federal action challenging Florida's laws on life-prolonging procedures as unconstitutional
September 17, 2003… Judge Greer denies Schindlers' motion to provide additional therapy, finding it an effort to retry the issues that were previously tried
October 10, 2003… Federal court dismisses Schindlers' case
October 15, 2003… Terri's feeding tube is removed for the second time
October 20, 2003… Florida House passes a bill to permit the Governor to issue a stay in cases like Terri's and restore her feeding tube
October 21, 2003… Federal court rejects injunction request
October 21, 2003… Florida House and Senate pass a bill known informally as "Terri's Law" to permit the Governor to issue a stay in cases like Terri's and restore her feeding tube [READ]; Governor signs the bill into law and immediately orders a stay; Terri is briefly hospitalized while her feeding tube is restored
October 21, 2003… Michael brings suit against the Governor, asking to enjoin the Governor's stay on grounds "Terri's Law" is unconstitutional; Judge Baird rejects Michael's request for an immediate injunction, allowing the tube to be restored, and requests briefs on the constitutional arguments involving the new law
November 7, 2003… Judge Baird rejects Governor's motion to dismiss Michael's suit and have case litigated in Tallahassee
November 20, 2003… Judge Baird rejects Governor's request for the judge to recuse himself
December 1, 2003… Guardian ad litem appointed under "Terri's Law" to advise Governor submits report to Governor
December 10, 2003… Second District rejects Governor's effort to have Judge Baird disqualified
April 2004… Second District affirms Judge Baird's decision denying Governor's motion to dismiss and have case litigated in Tallahassee
May 2004… Judge Baird declares "Terri's Law" unconstitutional on numerous grounds
June 2004… Second District certifies "Terri's Law" case directly to the Florida Supreme Court
July 2004… Schindlers file new motion for relief from judgment based on Pope John Paul II speech
September 2004… Florida Supreme Court affirms Judge Baird's ruling that "Terri's Law" is unconstitutional
October 2004… Judge Greer denies Schindlers' most recent motion for relief from judgment (motion based on Pope John Paul II speech)
December 1, 2004… Governor asks U.S. Supreme Court to review Florida Supreme Court's decision declaring "Terri's Law" unconstitutional
December 29, 2004… Second District affirms (without written opinion) Judge Greer's ruling denying Schindlers' most recent motion for relief from judgment
January 6, 2005… Schindlers file new motion for relief from judgment, alleging Terri never had her own attorney, that the trial court impermissibly applied the law retroactively, and that the original trial on Terri's wishes violated separation of powers principles
January 24, 2005… U.S. Supreme Court declines review in "Terri's Law" case
February 11, 2005… Judge Greer denies Schindlers' latest motion for relief from judgment (motion raising various due process challenges)
February 23, 2005… Florida's Department of Children and Families asks to intervene and for 60-day stay to permit investigation of alleged abuse
February 23, 2005… Schindlers file motion requesting new tests to determine Terri's status
February 25, 2005… Judge Greer rules motions appear endless, he will grant no further stays; sets March 18 date for removal of feeding tube
February 28, 2005… Schindlers file motion requesting that Terri be fed orally
March 2, 2005… Schindlers file new motion for relief from judgment, arguing factual error in original judgment
March 8, 2005… Judge Greer denies Schindlers' motion to feed Terri orally
March 9, 2005… Judge Greer denies Schindlers' motion requesting new tests
March 9, 2005… Judge Greer denies Schindlers' most recent motion for relief from judgment (motion based on factual error)
March 10, 2005… Judge Greer denies Department of Children and Families request to intervene and for stay, finds agency is free to investigate
March 16, 2005… Second District affirms Judge Greer's denial of Schindlers' motion raising various due process challenges, emphasizes law has been followed in this case
March 18, 2005… Schindlers file new federal action arguing due process violations in original trial; case assigned to Judge Moody
March 18, 2005… Judge Moody denies new federal claim, citing lack of jurisdiction
March 18, 2005… Congressional committee issues subpoenas for Michael, Terri, and Terri's caregivers to appear at hearing to be held at the hospice where Terri has stayed
March 18, 2005… Congressional committee files motion to intervene and modify order requiring the removal of Terri's feeding tube
March 18, 2005… Judge Greer denies congressional committee motion, ruling no grounds exist for intervention
March 18, 2005… Congressional committee requests Florida Supreme Court and Second District stay the feeding tube's removal
March 18, 2005… Terri's feeding tube removed for the third time
March 18, 2005… Florida Supreme Court denies congressional committee request, citing lack of jurisdiction
March 18, 2005… Second District denies congressional committee request as without merit
March 21, 2005… Congress enacts Terri's Law II, authorizing Terri's parents to seek federal court review of whether Terri's federal rights have been protected
March 21, 2005… Schindlers file new action in federal court based on new law, claiming Terri's federal rights have been violated
March 22, 2005… Judge Whittemore denies Schindlers' request to have Terri's feeding tube reinserted, finding no substantial likelihood the Schindlers will succeed with their claims
March 23, 2005… In a 2-1 decision, Eleventh Circuit affirms Judge Whittemore's decision not to restore Terri's feeding tube
I've read it a lot....
see post 55
You're still assigning some relevance to the 'media circus' as to the outcome. You're still contending that one court, one judge, one decision meets the standard of due process. I went where you took the subject.
This smoke screen is how they rule -
It needs to be mailed to every one of our reps and newspapers and TV (FOX, Rush, Hannity) also, for many will simply hide behind statements like Cheney is quoted as saying - particularly the newspapers of today = "reporters" no longer investigate, they simple parrot
Perhaps you should post the proof showing Greer committed an impeachable offense before you continue your libel any further. Your links contain neither the petition for disqualification nor the denial of the petition, or reference to any appellate action.
(1) Judge Greer acted in clear contempt of Congress with respect to the subpoenas.
(2) Judge Greer acted to obstruct an investigation of the Congress.
These are serious matters. If any probate judge in the country can now act with no deference to the exercise of legitimate powers of the Congress to investigate, then this is not constitutional imbalance, this is judicial tyranny. Judge Greer's acts were serious breaches and must be prosecuted.
Maybe. Well, if he loses for doing the right thing, which can bring this country back from the brink of anarchy, so be it.
Would you rather he operate by the Clinton method - daily stick your wet finger in the air to check on wind direction before making a decision, instead of making them on the right or wrong merits?
Then you obviously didn't go to the Empire Journal, have you? The links and documents are in working order. You must do your own homework.
Greer HAS BROKEN LAWS.
Well, you can express your shock all you like. I've used those words frequently on these threads, as a mockery of the commonly expressed view that anyone who doesn't think Greer should be impeached or worse deserves those labels.
65% of his electorate expressed a view that would've gotten those labels applied to them on this board. And I said so. That was I, by the way - not anyone else.
Of course, I wouldn't expect someone who doesn't understand the difference between using those words seriously and using them facietiously to grasp that fact.
However, I followed the federal cases quite closely and I have to conclude that they followed the law precisely as they should have. I think the Schindler's attorneys did not ask the court for a ruling on the correct questions, and it doomed their case from the start. They never did get it right, but that's not the fault of the federal judges. They rule on what is before them, not what might have been before them.
I would rather he just drop this altogether. It makes some people feel good, but nothing will come of it, since he doesn't even have the backing of most of the GOP House members.
Agreed. Sean's on board. He smells rotten fish, but most others in the media do not want to. Their agendas are more important than truth.
I thought Cheney was fairly smart. What part of "it is my judgment that, despite sincere and altruistic motivation, the legislative and executive branches of our government have acted in a manner demonstrably at odds with our Founding Fathers’ blueprint for the governance of a free people — our Constitution." does he agree with?
Under Florida law, his ruling in that case was correct. Judges don't, nor should they, give out restraining orders like they're going out of style.
I thought the "revenge" was meant to be Congress finding out why their subpoenas were ignored, and doing something about it, not going after judges because they didn't like their ruling.
What is the saying, "If you don't use it, you'll lose it." If the Congress doesn't protect their subpoena rights, if the courts ignore the power of Congress, then Congress will lose it.
-PJ
Part of the problem is the "perception" of this case by the voters. If you look at how this case has been portrayed in the media as a 'right to die' case. Many in the county probably take it that those who supported the Shindlers were trying to take away their right to decide their end of life care. The media beat the drum that this death by starvation is what Terri would have wanted, neglecting to clarify that the evidence of this was not written and was hearsay by a husband who had moved on and backed up by same husband's siblings. The problem is that the general public tends to take their news in nifty little 'soundbites'. Easy to obfuscate the issues when this occurs.
No, they didn't. They effectively ruled that it was not their business at all. They stayed out of it, which is something I wish federal judges would do more often.
Why didn't Congress just pass a bill mandating that Terri's tube be reinserted? Why did they instead just ask the federal court to look and see if any federal rights had been violated?
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