Yah, well, Esenberg’s a DAMN smart lawyer, too.
This should be fun to watch as it matures. I suspect that Shapiro will be working extremely hard to get to 1st base on this one.
My point was that the Florida law required “clear and convincing evidence” that the person wanted to die (in the opinion of the trial court judge)
However, if Terri had left a living will stating that she wanted to be left alive (the intent of the law though was to make keeping the person alive the default action), it would be pretty hard to argue she wanted to die.
However, even if a person left a living will stating that he or she wanted to live, an attorney could still argue (and a judge decide) that it was in the best interest of the person to be starved and dehydrated.