Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: nicmarlo
Excellent summary of the motion filed by Ken Connors for Jeb Bush. If Felos' motion (challenging the constitutionality of Terri's Law) is NOT dismissed, Felos will have to:

* properly serve Jeb Bush, according to the laws of civil procedure

* possibly hand over all Terri's medical records and all associated reports, according to the rules of discovery

Connor pointed out that Greer has decided certain 'facts' but Connor asserted that Jeb Bush has the right to examine the evidence, under the rules of due process, especially in a case of life and death.

Connor also contends that Felos request for an injunction (asking the court to bar the re-insertion of the feeding tube) is moot because the feeding tube had been re-inserted prior to the injunction being filed.

I think Felos is looking into the business end of a BIG CANNON. :0

* allow Jeb Bush to consider
704 posted on 11/06/2003 8:11:41 PM PST by msmagoo
[ Post Reply | Private Reply | To 681 | View Replies ]


To: msmagoo
I think Felos is looking into the business end of a BIG CANNON. :0

Methinks you're right. And also, Felos is probably now wishing he hadn't filed this lawsuit.....because now the real truth will get out. And new witnesses can be brought in and "old" doctors questioned again....and medical documents questioned....he he he he.

705 posted on 11/06/2003 8:15:03 PM PST by nicmarlo
[ Post Reply | Private Reply | To 704 | View Replies ]

To: msmagoo
Thanks for stating that other information.....I couldn't remember everything in there.... : )
706 posted on 11/06/2003 8:16:35 PM PST by nicmarlo
[ Post Reply | Private Reply | To 704 | View Replies ]

To: nicmarlo; supercat; All
Also, it appears that Connors is giving Felos notice that he intends to use the discovery process to allow Jeb Bush to examine "legal conclusions" promoted as fact - he is criticizing the use of hearsay evidence and asserting Respondent's right to determine "ultimate facts."

This is exactly what we have been calling for all along; a need for review of legal findings favorable to Shiavo which seem UNFAIR and contrary to common sense.

As supercat has pointed out before, once a 'finding' has been made on a piece of evidence or testimony, the court views it as a Finding of Fact. Thus Terri has been deemed PVS, contrary to some doctors reports. Thus Terri's "wish" to die has been found to be a Fact, though it is based on suspicious hearsay evidence. Thus Michael has been found to be a competent, unbiased guardian, contrary to everything we know!

If Felos refiles his motion after properly serving Bush, everything he now touts as a matter of record, decided by The Court, will be open to examination as "disputed evidence."

This is soooo important! Terri and the Schindlers are in good hands now. Felos is going to wither like a vampire at sunrise!
711 posted on 11/06/2003 8:30:22 PM PST by msmagoo
[ Post Reply | Private Reply | To 704 | View Replies ]

To: msmagoo
"I think Felos is looking into the business end of a BIG CANNON"

I am inclined to agree. See my post #721.

735 posted on 11/06/2003 9:29:14 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
[ Post Reply | Private Reply | To 704 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson