Free Republic

You say: And so I ask just what is the 'rule of law' in this particular case of Terry Schiavo...what is the legal precendent to starve a woman to death who has NOT BEEN CONVICTED OF A CRIME.... there is none. Not in our legal system that I am aware of. So perhaps the 'rule of law' at its most basic level is NOT being followed here.

Why can't Bush have his police arrest all persons interfearing with her parents giving Terri food and water by non-extrordinary means (ice chips) and instruct the AG to present them up for Jury trial on charges of conspirasy to murder in the 1st degree. This would include Sherriffs, local cops, lawyers and judges.

There is no constitutional legisllation demanding starvation by nonextrordinary means.

This is a constitutional crisis. Greer writes orders with no authority and everyone bows. He's got to be backed down!

With all due respect to the Committee, it has cited no law that convinces us that it has the power to overrule a state court final judgment or that this court has either the jurisdiction or obligation to stay a final judgment based upon its issuance of a subpoena. Accordingly, the motion is denied.

http://www.2dca.org/schiavo/0318order.pdf

see the authority at post108 above

amen

art1 sec1a florida constitution

AND MAYBE THAT TIME HAS COME!

FS415.1051

2) EMERGENCY PROTECTIVE SERVICES INTERVENTION.--If the department has reasonable cause to believe that a vulnerable adult is suffering from abuse or neglect that presents a risk of death or serious physical injury to the vulnerable adult and that the vulnerable adult lacks the capacity to consent to emergency protective services, the department may take action under this subsection. If the vulnerable adult has the capacity to consent and refuses consent to emergency protective services, emergency protective services may not be provided. (a) Emergency entry of premises.--If, upon arrival at the scene of the incident, consent is not obtained for access to the alleged victim for purposes of conducting a protective investigation under this subsection and the department has reason to believe that the situation presents a risk of death or serious physical injury, a representative of the department and a law enforcement officer may forcibly enter the premises. If, after obtaining access to the alleged victim, it is determined through a personal assessment of the situation that no emergency exists and there is no basis for emergency protective services intervention under this subsection, the department shall terminate the emergency entry. (b) Emergency removal from premises.--If it appears that the vulnerable adult lacks the capacity to consent to emergency protective services and that the vulnerable adult, from the personal observations of the representative of the department and specified medical personnel or law enforcement officers, is likely to incur a risk of death or serious physical injury if such person is not immediately removed from the premises, then the representative of the department shall transport or arrange for the transportation of the vulnerable adult to an appropriate medical or protective services facility in order to provide emergency protective services. Law enforcement personnel have a duty to transport when medical transportation is not available or needed and the vulnerable adult presents a threat of injury to self or others. If the vulnerable adult's caregiver or guardian is present, the protective investigator must seek the caregiver's or guardian's consent pursuant to subsection (4) before the vulnerable adult may be removed from the premises, unless the protective investigator suspects that the vulnerable adult's caregiver or guardian has caused the abuse, neglect, or exploitation. The department shall, within 24 hours after providing or arranging for emergency removal of the vulnerable adult, excluding Saturdays, Sundays, and legal holidays, petition the court for an order authorizing emergency protective services. (c) Emergency medical treatment.--If, upon admission to a medical facility, it is the opinion of the medical staff that immediate medical treatment is necessary to prevent serious physical injury or death, and that such treatment does not violate a known health care advance directive prepared by the vulnerable adult, the medical facility may proceed with treatment to the vulnerable adult. If a person with legal authority to give consent for the provision of medical treatment to a vulnerable adult has not given or has refused to give such consent, examination and treatment must be limited to reasonable examination of the patient to determine the medical condition of the patient and treatment reasonably necessary to alleviate the emergency medical condition or to stabilize the patient pending court determination of the department's petition authorizing emergency protective services. Any person may seek an expedited judicial intervention under rule 5.900 of the Florida Probate Rules concerning medical treatment procedures.

2004->Ch0415->Section%201051#0415.1051

fs415.1051

2) EMERGENCY PROTECTIVE SERVICES INTERVENTION.--If the department has reasonable cause to believe that a vulnerable adult is suffering from abuse or neglect that presents a risk of death or serious physical injury to the vulnerable adult and that the vulnerable adult lacks the capacity to consent to emergency protective services, the department may take action under this subsection. If the vulnerable adult has the capacity to consent and refuses consent to emergency protective services, emergency protective services may not be provided. (a) Emergency entry of premises.--If, upon arrival at the scene of the incident, consent is not obtained for access to the alleged victim for purposes of conducting a protective investigation under this subsection and the department has reason to believe that the situation presents a risk of death or serious physical injury, a representative of the department and a law enforcement officer may forcibly enter the premises. If, after obtaining access to the alleged victim, it is determined through a personal assessment of the situation that no emergency exists and there is no basis for emergency protective services intervention under this subsection, the department shall terminate the emergency entry. (b) Emergency removal from premises.--If it appears that the vulnerable adult lacks the capacity to consent to emergency protective services and that the vulnerable adult, from the personal observations of the representative of the department and specified medical personnel or law enforcement officers, is likely to incur a risk of death or serious physical injury if such person is not immediately removed from the premises, then the representative of the department shall transport or arrange for the transportation of the vulnerable adult to an appropriate medical or protective services facility in order to provide emergency protective services. Law enforcement personnel have a duty to transport when medical transportation is not available or needed and the vulnerable adult presents a threat of injury to self or others. If the vulnerable adult's caregiver or guardian is present, the protective investigator must seek the caregiver's or guardian's consent pursuant to subsection (4) before the vulnerable adult may be removed from the premises, unless the protective investigator suspects that the vulnerable adult's caregiver or guardian has caused the abuse, neglect, or exploitation. The department shall, within 24 hours after providing or arranging for emergency removal of the vulnerable adult, excluding Saturdays, Sundays, and legal holidays, petition the court for an order authorizing emergency protective services. (c) Emergency medical treatment.--If, upon admission to a medical facility, it is the opinion of the medical staff that immediate medical treatment is necessary to prevent serious physical injury or death, and that such treatment does not violate a known health care advance directive prepared by the vulnerable adult, the medical facility may proceed with treatment to the vulnerable adult. If a person with legal authority to give consent for the provision of medical treatment to a vulnerable adult has not given or has refused to give such consent, examination and treatment must be limited to reasonable examination of the patient to determine the medical condition of the patient and treatment reasonably necessary to alleviate the emergency medical condition or to stabilize the patient pending court determination of the department's petition authorizing emergency protective services. Any person may seek an expedited judicial intervention under rule 5.900 of the Florida Probate Rules concerning medical treatment procedures.

AND IF GREER's A PROBLEM

then there's

415.1052 Interference with investigation or with the provision of protective services

when these guys swear to uphold the constitution, do you think they read it? fsc art1 sec 1a

Sounds simple to me.

Simply buy her a $50.00 car and take it to MAACO for a $100 paint job -- give her a "New" car as a gift, cost $150.

I think jeb would win when it comes to raw fire power... that's not the problem

First question-- doesn't the executive branch control the police?

seccond question-- do they swear oath to judge Greer down there? it's to the constitution up north.. but were strange

When you say "what would happen is that the very same courts would say she had due process in the umpteen hearings we would have and issue a finding saying her civil rights have not been violated or something to that effect" Your missing the point --

Please read The statute at the top; ch940.01, 1 is executed by by executive order filed with the Secretary of State -- NOT the court -- No court review.

He is giving clemency from judge greers order.

See Judge Greers order: Case No. 2D05-1455 (3/24/2005) at
http://www.dcf.state.fl.us/news/noticeoffiling.pdf

on the Fla Dept Family Services site at
http://www.state.fl.us/cf_web/

He is giving clemency from judge greers order. See Judge Greers order: Case No. 2D05-1455 (3/24/2005) at http://www.state.fl.us/cf_web/