Legal Victory, Kind of, For the Schindlers

Appeals Court to Consider Schiavo Request
47 minutes ago U.S. National – AP

By RON WORD, Associated Press Writer

PINELLAS PARK, Fla. – In a rare legal victory for Terri Schiavo’s parents, a federal appeals court agreed to consider an emergency motion requesting a new hearing on whether to reconnect their severely brain-damaged daughter’s feeding tube.

The 11th U.S. Circuit Court of Appeals in Atlanta issued a written order without comment late Tuesday allowing Bob and Mary Schindler to file the appeal, even though the court had set a March 26 deadline for doing so.

In the one-sentence order, the court said: “The Appellant’s emergency motion for leave to file out of time is granted.”

The court didn’t say when it would decide whether to grant the hearing. Last week, it twice ruled against the Schindlers, who are trying to keep their daughter alive.

In requesting a new hearing, the Schindlers argued that a federal judge in Tampa should have considered the entire state court record and not just the procedural history when he ruled against the parents.

Hmmmm… You mean there’s a possibility that Judge Whittemore didn’t do what he was supposed to do, as explained by me on an earlier comment thread? Obviously there is at least a possibility otherwise the same Appeals Court he is a judge on would absolutely throw this one out immediately.

Stay tuned folks. It ain’t over yet.

Choose life.

This entry was posted in Terri's Fight. Bookmark the permalink.
  • http://www.intervision.us/story/story.html Kathy

    All I have to say here is that no matter what your religious preference is, please pray that this isn’t too late! That the hearing does take place and Terri is given her food and water back.

  • Kricket

    exactly. they may be agreeing to hear the case but if they drag their feet it’s not going to make a difference.

  • http://www.intervision.us/story/story.html Kathy

    I think it is showing her will to live just by the number of days she has held on. Kinda makes one wonder what would have happened if Terri was Jeb’s daughter or niece. Let the Presidents daughter starve to death? I doubt that would have happened. Oh, but of course they are so smart that they all have living wills and power of attorneys. Or, at least they have made sure to have one made up in the past few weeks.

  • http://www.insignificantthoughts.com Vinny

    Some people have insinuated that Terri, who collapsed at age 21(?) was “stupid” for not having a living will at that time.

    Aside from the jerk that made that statement, maybe we should do a head count of how many people had a living will at 21.

    Give me a damned break.

  • http://www.intervision.us/story/story.html Kathy

    I didn’t have one at 21 mainly because at 21 I had never heard of one and if I had I doubt very much if I would have had one because at 21 I thought I would live forever, plain and simple, live forever. I hate to admit that even before all of this began (this time) I didn’t have one then either at age 58, so I guess that really makes me stupid :mrgreen: I guess I still felt like I would live forever. I am surprised, being a 8 yr out cancer survivor that none of the doctors even spoke to me on this subject at that time. So, no one should shame Terri for not having on at such a young, vital age.

  • http://www.robertkbrown.com/ RKB

    Ditto that, Kathy. My dance with cancer was 15 years ago — as part of that battle, I needed “a little” brain surgery. As far as I remember, none of the neurosurgeons, or my regular doctors for that matter, discussed with my family and I what to do if something went wrong while my head was being worked on. It may have been because the risks were pretty small. But by that point, even at 21, a living will was the farthest thing from my mind.

  • http://www.insignificantthoughts.com Vinny

    Well Congratulations, guys because according to the a certain other blogger, you’re both stupid.

    Enjoy your stupidity.

  • http://www.intervision.us/story/story.html Kathy

    Vinny,
    Do we get a big star? Or just the stupidity award? :oops:

  • http://www.insignificantthoughts.com Vinny

    Nope…

    You get a smug misanthrope shouting “Go Darwin!”

  • http://socalangel.journalspace.com SoCalAngel

    Sunday (Easter) I put out on the internet for everyone to come together in prayer at the same time. I didn’t get but only a few responses and beings it was Easter I am sure not many people were on the internet. So once again I am going to initiate it. TODAY at 6pm PST – 9pm EST (all other time zones adjut time accordingly), stop what ever you are doing and pray for Terri. Pray for God’s devine intervention and that his will be done. I feel God’s will is for Terri to live or she would have passed on by now. Rebuke all evil that surrounds Terri. Pray what’s in your hearts. There is power in prayer and that power will be magnified with all praying at once. Matthew 18:20
    For where two or three come together in my name, there am I with them.”

  • http://www.intervision.us/story/story.html Kathy

    Sure, count my family and I in. I just hope we are not too late to pray for her survival. Michael could “almost” make himself out to be a hero if he would allow the feeding tube to be reinsurted today. Even though it is more than likely too late for her to survive. Has anyone heard anymore on the papers that were filed today? I have been watching the news here (Columbus OH) and haven’t seen anything here.

  • http://www.dogsnot.net Gordon the Magnificent

    Kinda makes one wonder what would have happened if Terri was Jeb’s daughter or niece. Let the Presidents daughter starve to death? I doubt that would have happened.

    That’s a real slap to Jeb’s face. He’s been fighting the fight. What the hell is the guy supposed to do?

    You people are turning on eachother now.

    Some people have insinuated that Terri, who collapsed at age 21(?) was “stupid” for not having a living will at that time.

    Who the hell cared about a living will when they were 21?

  • http://www.insignificantthoughts.com Vinny

    That’s a real slap to Jeb’s face. He’s been fighting the fight. What the hell is the guy supposed to do?

    I agree, actually. I think Jeb’s been about as bold as one could expect, and then some. Some people want him to flout the court and just take her. While I would love to see that, I don’t think it’s the right thing to do.

    Who the hell cared about a living will when they were 21?

    Quoting an unnamed blogger:

    Today, I’m honestly beyond disgusted with the fact that one single individual not taking the time and responsibility to have such a document has resulted in a gross abuse of power by our government.

    Need I say more?

  • pete from astoria

    I believe that Terri, who is 41 years old now, was 26 when she collapsed in 1990.
    The observation that she was probably too young to think about such things as a living will still holds true. I don’t have one. My parents don’t have one. I believe most people don’t, regardless of age. To blame Terri Schiavo for not having one is senseless

  • http://dogsnot.net Geoffrey

    It has nothing to do with what Whittemore did or didn’t do before. To suggest it does shows an ignorance of the entire judicial process.

  • http://www.insignificantthoughts.com Vinny

    In requesting a new hearing, the Schindlers argued that a federal judge in Tampa should have considered the entire state court record and not just the procedural history when he ruled against the parents.

    Okay, so if that isn’t about Whittemore, which other Federal judge ruled against them last week?

    Correct my ignorance.

  • http://dogsnot.net Geoffrey

    I don’t mind correcting your ignorance at all. Let’s start with the basics.

    First, what the Schindlers argue has absolutely zero relevance to what is or is not the case issue. Zip. Zero. Nada.

    Gibbs says he has done further research and the judges agree to accept the petition and see if he actually has anything different. They look at it. Then they return an answer.

    The answer this time was essentially that they not only don’t believe the request has merit, but in fact any decision by them in opposition to the states would be against Constitutional Intentions, as they interpret it.

    Therefore, as I said, it has absolutely nothing to do with Whittemore, no matter how sarcastically you insinuate otherwise.

  • http://www.intervision.us/story/story.html Kathy

    All I have to say here is that no matter what your religious preference is, please pray that this isn’t too late! That the hearing does take place and Terri is given her food and water back.

  • Kricket

    exactly. they may be agreeing to hear the case but if they drag their feet it’s not going to make a difference.

  • http://www.intervision.us/story/story.html Kathy

    I think it is showing her will to live just by the number of days she has held on. Kinda makes one wonder what would have happened if Terri was Jeb’s daughter or niece. Let the Presidents daughter starve to death? I doubt that would have happened. Oh, but of course they are so smart that they all have living wills and power of attorneys. Or, at least they have made sure to have one made up in the past few weeks.

  • http://www.insignificantthoughts.com/ Vinny

    Some people have insinuated that Terri, who collapsed at age 21(?) was “stupid” for not having a living will at that time.

    Aside from the jerk that made that statement, maybe we should do a head count of how many people had a living will at 21.

    Give me a damned break.

  • http://www.intervision.us/story/story.html Kathy

    I didn’t have one at 21 mainly because at 21 I had never heard of one and if I had I doubt very much if I would have had one because at 21 I thought I would live forever, plain and simple, live forever. I hate to admit that even before all of this began (this time) I didn’t have one then either at age 58, so I guess that really makes me stupid :mrgreen: I guess I still felt like I would live forever. I am surprised, being a 8 yr out cancer survivor that none of the doctors even spoke to me on this subject at that time. So, no one should shame Terri for not having on at such a young, vital age.

  • http://www.robertkbrown.com/ RKB

    Ditto that, Kathy. My dance with cancer was 15 years ago — as part of that battle, I needed “a little” brain surgery. As far as I remember, none of the neurosurgeons, or my regular doctors for that matter, discussed with my family and I what to do if something went wrong while my head was being worked on. It may have been because the risks were pretty small. But by that point, even at 21, a living will was the farthest thing from my mind.

  • http://www.insignificantthoughts.com/ Vinny

    Well Congratulations, guys because according to the a certain other blogger, you’re both stupid.

    Enjoy your stupidity.

  • http://www.intervision.us/story/story.html Kathy

    Vinny,
    Do we get a big star? Or just the stupidity award? :oops:

  • http://www.insignificantthoughts.com/ Vinny

    Nope…

    You get a smug misanthrope shouting “Go Darwin!”

  • http://socalangel.journalspace.com/ SoCalAngel

    Sunday (Easter) I put out on the internet for everyone to come together in prayer at the same time. I didn’t get but only a few responses and beings it was Easter I am sure not many people were on the internet. So once again I am going to initiate it. TODAY at 6pm PST – 9pm EST (all other time zones adjut time accordingly), stop what ever you are doing and pray for Terri. Pray for God’s devine intervention and that his will be done. I feel God’s will is for Terri to live or she would have passed on by now. Rebuke all evil that surrounds Terri. Pray what’s in your hearts. There is power in prayer and that power will be magnified with all praying at once. Matthew 18:20
    For where two or three come together in my name, there am I with them.”

  • http://www.intervision.us/story/story.html Kathy

    Sure, count my family and I in. I just hope we are not too late to pray for her survival. Michael could “almost” make himself out to be a hero if he would allow the feeding tube to be reinsurted today. Even though it is more than likely too late for her to survive. Has anyone heard anymore on the papers that were filed today? I have been watching the news here (Columbus OH) and haven’t seen anything here.

  • http://www.dogsnot.net/ Gordon the Magnificent

    Kinda makes one wonder what would have happened if Terri was Jeb’s daughter or niece. Let the Presidents daughter starve to death? I doubt that would have happened.

    That’s a real slap to Jeb’s face. He’s been fighting the fight. What the hell is the guy supposed to do?

    You people are turning on eachother now.

    Some people have insinuated that Terri, who collapsed at age 21(?) was “stupid” for not having a living will at that time.

    Who the hell cared about a living will when they were 21?

  • http://www.insignificantthoughts.com/ Vinny

    That’s a real slap to Jeb’s face. He’s been fighting the fight. What the hell is the guy supposed to do?

    I agree, actually. I think Jeb’s been about as bold as one could expect, and then some. Some people want him to flout the court and just take her. While I would love to see that, I don’t think it’s the right thing to do.

    Who the hell cared about a living will when they were 21?

    Quoting an unnamed blogger:

    Today, I’m honestly beyond disgusted with the fact that one single individual not taking the time and responsibility to have such a document has resulted in a gross abuse of power by our government.

    Need I say more?

  • pete from astoria

    I believe that Terri, who is 41 years old now, was 26 when she collapsed in 1990.
    The observation that she was probably too young to think about such things as a living will still holds true. I don’t have one. My parents don’t have one. I believe most people don’t, regardless of age. To blame Terri Schiavo for not having one is senseless

  • http://dogsnot.net/ Geoffrey

    It has nothing to do with what Whittemore did or didn’t do before. To suggest it does shows an ignorance of the entire judicial process.

  • http://www.insignificantthoughts.com/ Vinny

    In requesting a new hearing, the Schindlers argued that a federal judge in Tampa should have considered the entire state court record and not just the procedural history when he ruled against the parents.

    Okay, so if that isn’t about Whittemore, which other Federal judge ruled against them last week?

    Correct my ignorance.

  • http://dogsnot.net/ Geoffrey

    I don’t mind correcting your ignorance at all. Let’s start with the basics.

    First, what the Schindlers argue has absolutely zero relevance to what is or is not the case issue. Zip. Zero. Nada.

    Gibbs says he has done further research and the judges agree to accept the petition and see if he actually has anything different. They look at it. Then they return an answer.

    The answer this time was essentially that they not only don’t believe the request has merit, but in fact any decision by them in opposition to the states would be against Constitutional Intentions, as they interpret it.

    Therefore, as I said, it has absolutely nothing to do with Whittemore, no matter how sarcastically you insinuate otherwise.