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March 30, 2005

Terri Schivo's Life: 11th District Denies Hearing

Topics: News

- via email
The 11th District Court of Appeals has just announced that they will not consider the Schindler's request for a new hearing.

More to come ...

cross posted at Hyscience

Posted by richard at March 30, 2005 3:41 PM


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Comments

I can't believe it, this just can't happen. nooooooooooo!!!!!!!!!!!!

Posted by: LErin at March 30, 2005 3:50 PM

May they soon discover the meaning of Karma first-hand.

Posted by: The Old Coot at March 30, 2005 3:53 PM

Yet again pinning hopes on something being done.Its got to the point now that no matter what is done
the outcome can be more or less predicted. Florida
Court System. YOU NEED TO GET YOUR HOUSE IN ORDER
Why is nobody in officialdom doing something about this system and the obviously corrupt people in it. before this poor girl dies. She is a pawn in the whole charade. AMERICA the whole world is watching you, an innocent person is dying here. Land of the Free - I think not.

Posted by: britnick at March 30, 2005 4:07 PM

If no Judge had ever made a mistake,
If no Law had ever been misused,
Maybe,it would be wrong to object.
Judges are human,Laws have been
and can be changed.
Theresa Schiavo should not die
because of Judicial Pride.
Because MAYBE,she said something once.
Since she didn't write it down,
there has to be a reasonable doubt.
If she lives past the 14 days,
will she automatically be granted
a "Full Pardon" ? Does she have any
rights,or has the Law stripped her
of ALL her constitutional rights ?
People need to look deeply into
themselves.By the people,FOR the people.
These are OUR Judges,OUR Laws.
If they are not to be held accountable
by the people,then by whom ?
There was NO jury trial because she
had committed no crime.She is
innocent,and she did not deserve this.
I Vote,I will not forget this
Terri is Alive

Posted by: lynaqua at March 30, 2005 4:12 PM

I am sick over this. I am deeply ashamed to be an American because of this. This is outright MURDER. Terri should have never been on hospice. Hospice is for terminally ill patients. Terri is not terminally ill. Patients who are terminally ill ( and not on a feeding tube) generally stop eating on their own accord because their body is readying them to die. Terri is not terminal, therefore, she is being STARVED to death! How can we as Americans allow this to happen??????

Posted by: pray4terri at March 30, 2005 4:17 PM

OMG! It's like the judges are saying, "How dare you question our authority! Just for that, we're going to kill Terri, and we don't give a flying fark what the evidence is. Now get out of our faces before we sentence you to death as well! Bah!"

..damn, they've based their decision on factors nothing to do with the matter at hand, even a blind man can see that! Bush (either one) if you don't step in NOW and stand up for justice and the US Constitution, you will NEVER have my vote again EVER, even if it means I have to vote for some idiot like Kerry (no offense Kerry supporters, that is just my opinion). I am not alone in this.

This murder will cause irreversible damage to everything the US is supposed to stand for. The entire US should bow its head in shame. No wonder there is such international hatred for everything American. Arrogant a$$holes (pardon my language, but the sheer arrogance and obtuseness of these power-drunk 'judges' is infuriating.. they're not fit to judge a pi$$ing contest!).. all they had to do was day "yes, we will hear ALL the evidence because this is America, and every American deserves a fair hearing." but no, they're too wrapt up in themselves to see what they're doing. Bastards.

Posted by: demonsurfer at March 30, 2005 4:23 PM

And even in spite of this, Terri is still hanging on. She does not want to die.

I am disgusted with our court system, with the leaders in Florida. I cannot believe we are allowing a jerk of a man MURDER an innocent disabled person.

Continue to pray for Terri. She still needs our prayers...

Posted by: Sirena at March 30, 2005 4:24 PM

"Reason and free inquiry are the only effectual agents against error... They are the natural enemies of error, and of error only... If [free enquiry] be restrained now, the present corruptions will be protected, and new ones encouraged."
- Thomas Jefferson

Posted by: demonsurfer at March 30, 2005 5:15 PM

Terri is alive. She breathes on her own. With that said, I don't agree she should be allowed to die unless she decides she wants to die. But asking the government and congress and judges to do something radical, or make a law for one person, is something I cannot agree with. As for judges need to see all the evidence, it's absolutely stupid to suggest that all the judges up to the Supreme Court have a hidden agenda or are corrupt. In addition, it's important to remind ourselves that we are at blogsforterri and some information might be bias, heresay, or straight out fabricated. For example, look at the videos, then look at the spoken words list. There is no way those can coincide. Another point, while there are doctors on both extremes who claim completely different things, usually the collective opinion of the medical community is the best advice. In this respect, WebMD or MedPage will point you to the strong opinion (note.. saying "fact" is just close-minded) is that Terri cannot feel pain. While the parents say she feel pain, it's just spin to get people to help Terri. I'd do the same in their position though. MS's lawyer spun the autopsy thing to make it seem like MS's idea. (I'd like to note to those who thought the Medical Examiner, the laywer, and MS were in cahoots.. Stop with the conspiracy theories!! You sound like extremist wackos.

That being said, she still has enough brain function to maintain breathing which means she's alive. That should be the issue.. No stupid spinning by either sides!

Posted by: CriticalThinker at March 30, 2005 5:31 PM

Terri is alive. She breathes on her own. With that said, I don't agree she should be allowed to die unless she decides she wants to die. But asking the government and congress and judges to do something radical, or make a law for one person, is something I cannot agree with. As for judges need to see all the evidence, it's absolutely stupid to suggest that all the judges up to the Supreme Court have a hidden agenda or are corrupt. In addition, it's important to remind ourselves that we are at blogsforterri and some information might be bias, heresay, or straight out fabricated. For example, look at the videos, then look at the spoken words list. There is no way those can coincide. Another point, while there are doctors on both extremes who claim completely different things, usually the collective opinion of the medical community is the best advice. In this respect, WebMD or MedPage will point you to the strong opinion (note.. saying "fact" is just close-minded) is that Terri cannot feel pain. While the parents say she feel pain, it's just spin to get people to help Terri. I'd do the same in their position though. MS's lawyer spun the autopsy thing to make it seem like MS's idea. (I'd like to note to those who thought the Medical Examiner, the laywer, and MS were in cahoots.. Stop with the conspiracy theories!! You sound like extremist wackos.

That being said, she still has enough brain function to maintain breathing which means she's alive. That should be the issue.. No stupid spinning by either sides!

P.S.
Here's an article from the Med Community. (Less spin than a pro-Terri or Pro-death website)
http://www.medpagetoday.com/tbindex.cfm?tbid=753&thePhoto=Today's&CatName=&CID=

Posted by: CriticalThinker at March 30, 2005 5:32 PM

Sorry about the double post. I just realized that you have to register to get to the medpagetoday site but it's interesting if you enjoy medicine. They comment on news stories and explain the truth. Each article is peer reviewed by usually an emeritus professor of that speciality. Anyways, just a quick review. Terri feels no pain in her state based on her scans and state. (Yes, new scans might help but if new neurons were formed that quickly for her to start feeling pain, she would be able to talk too.) In addition though, the autopsy will prove nothing. Here's an excerpt:

Schiavo Autopsy Will Not Confirm Diagnosis


By Peggy Peck , MedPage Today Staff Writer
Reviewed by Zalman S. Agus, MD; Emeritus Professor at the University of Pennsylvania School of Medicine.
March 29, 2005
News Article: CNN, New York Times, USA Today
MedPage Today Action Points

* Patients following news stories about the Schiavo case may have questions about her planned autopsy. Review with these patients the clinical diagnostic criteria for persistent vegetative state and minimally conscious state.

* Discuss with patients the decision to request an autopsy and suggest that patients include autopsy instruction in advanced directives.

Review
PINELLAS PARK, Fla, March 29-Neurologists say the autopsy that is to be performed on Terri Schiavo after she dies will not definitively confirm a diagnosis of persistent vegetative state.

"Persistent vegetative state or minimally conscious state is a clinical diagnosis," says Michael De Georgia, MD, head of the neurology/neurosurgery intensive care unit at the Cleveland Clinic Foundation. "It cannot be confirmed by autopsy."

Patients in a persistent vegetative state are a subgroup who suffer severe anoxic brain injury and progress to a state of wakefulness without awareness.

Michael Schiavo, husband and guardian of Terri Schiavo, and Mary and Bob Schindler, Ms. Schiavo's parents, have been engaged in a contentious public and legal dispute over the decision to remove Ms. Schiavo's feeding tube, but: both want an autopsy and both say the post-mortem exam will provide evidence to finally nail down Ms. Schiavo's diagnosis

Posted by: CriticalThinker at March 30, 2005 5:41 PM

Check the interview with Dr. Jay Carpenter at foxnews.com

Posted by: sujata at March 30, 2005 5:43 PM

It looks like the Judges care more about power than the case at hand. They haven't examined the case for itself, rather have focused on what the Executive branch did, which is an entirely different issue and should be dealt with in another case. The question to them is whether Terri should be fed, they have turned this into exec vs. judicial. Heartless men, I pity the criminals and non-criminals who are fated to seek justice at the hands of these men who have proven they are below human.

Posted by: sujata at March 30, 2005 5:45 PM

There are multiple sworn affidavits supporting that Terri responds to stimuli such as pain, there is video of her following a conversation between two people (looking from one to the other as each person speaks), there are top specialists refuting that Terri is PVS, and many many other factors that support Terri having cognitive abilities. Her case has only really been heard once, by a judge who for some unknown reason chose to ignore seemingly all supportive evidence on Terri's parents side. The following appeals have only looked at whether Judge Greer made errors in his judgement BASED ON THE EVIDENCE HE CHOSE TO ACCEPT. This is where the idiocy creeps in. This is NOT justice. What is required is a re-hearing where ALL evidence is considered in a fair and just manner, not by a judge who seemingly finds the life of another human of less value than having to admit his own error in judgement.

The latest denial appears by all accounts to be a slap on the wrist for not taking 'no' for an answer the first time. Unfortunately this little ';esson' is costing the life of an innocent human being. That is not justice.

I'll repaet what I quoted above:

"Reason and free inquiry are the only effectual agents against error... They are the natural enemies of error, and of error only... If [free enquiry] be restrained now, the present corruptions will be protected, and new ones encouraged."
- Thomas Jefferson

what do you not understand?

Posted by: demonsurfer at March 30, 2005 5:47 PM

As a mother of a severely disabled daughter, I felt I had to write in regards to Terri Schiavo.

My daughter is a quador-spastic CP, and had a feeding tube put in place 1.5 years ago. This was not done as a heroic act, but as to add comfort and safety to her frail life. Life support is a ventilator and is very different from the nutritional tubes. You can go anywhere and everywhere with a feeding tube. People who can walk and talk have them. It has a very real purpose in their lives; to aid nutrition and assurance of the person safety in eating. It’s just another way of food intake. There is really no difference in a g-tube or Insulin. Or a Pacemaker. Or an Artificial Limb.
Providing liquids food, even artificially is part of the normal treatment.

There is a difference between allowing nature to take its course and actively assisting death. Deliberate removal of this G-tube, means to produce a premature death. Indeed this is called “Euthanasia”, that is, unjust killing.

Michael Schiavo says back 15 years ago, He and Terri had discussion over this issue at hand. I have 4 other children, ranging from 24- 19years. Not one of them /or their friends have ever talked about the right to die. What is wrong with our Courts, Judges, Our Morals.


This is a very sad day.

Posted by: Shnev at March 30, 2005 5:58 PM

sujata,
Again, I would recommend not adhereing to one, 2, 5 or a relatively small amount of doctors who could be using their position as MDs and creditability to push their own agenda. In general, taking the collective advice of the majority of professionals will lead you to the correct answer 99% of the time. In addition, I'm very skeptical of doctors who present arguements and opinions only Pro-Terri, with the MedPage site, you see some evidence that the pro-terri movement would embrace (ie. Autopsy won't do shit).. but some that they would shun (ie. Terri isn't feeling pain). Therefore, I can see it's neutrality. Plus, why the hell would I trust anything Fox News puts out when they had the that guy who claims he can talk to people's dead relatives trying to tell us what Terri is feeling. I thought Fox News lost it's mind when they brought him out to help the American people understand..

Posted by: CriticalThinker at March 30, 2005 6:01 PM

Shney,
I guarentee with all this publicity that people are now having that conversation about whether they would like to die or not if something would happen to them. I was at Starbucks today and heard two guys saying that they should just make a Video saying that if they are severely disabled to be allowed to die. I don't think Terri/Michael had the convo out of nowhere, I think it was after a movie where someone had a feeding tube and she said "no feeding tube for me". Whether this was her wish or just a not thought out comment, or a lie by MS, who knows but the fact is, people will be talking about it now.

Posted by: CriticalThinker at March 30, 2005 6:06 PM

Uhmmmm... *If* there was a conversation between Terri and Michael, I highly doubt Terri would specify not wanting to be on a feeding tube, but instead she most likely would say, life support. A feeding tube is NOT life support. Many people have feeding tubes...should we yank all those feeding tubes out and let those people starve to death, too?

Posted by: pray4terri at March 30, 2005 6:20 PM

it is just scary to think this judge could do all of this just on hearsay from a man who has started a new life with a woman and even has 2 children with this other woman. How is that not a conflict of interest? I would like the judge to explain that to me!

Posted by: delphinius at March 30, 2005 6:40 PM

The reason Michael Shiavo and his puppet, or the other way around, wouldn't do any testing BEFORE her death is because of what is might have revealed. Therefore, they wanted her dead so when the testing is completed, and Michael has probably left the country, they wouldn't face criminal charges. So no MRI's, no CT Scans, nothing. I hope they have picked someone to do the autopsy who is neutral, honest, and FINALLY credible. Regardless of what they find out, there will always be questions as to what truly happened.
And I have a comment for Michael's brother who called Larry King Last night spurting about the injustice his brother has endured... all I can say is Mr. Michael's Brother.. "time will tell, and the autopsy will reveal what we all want to know." In the meantime Mr. Michael's Brother, do us all a favor and keep quiet until the results are in. I prefer to watch Larry King without YOUR spurting and sputtering your VOICE on it. Until the results are in no one will ever believe you, or your brother, no anyone associated with anyone in your family. Terri's spirit will live on forever and her spirit is something none of them will ever be able to run away from. No court, no judge and no motions to dehydrate her spirit will ever work. I hope her spirit visits all of the Shiavo associates and family soon.

Posted by: IMJ at April 1, 2005 5:29 PM