AP:
The 11th Circuit will consider granting a hearing. They haven’t said when they will decide if they will or not. Will it be too late? Is it already too late?
In its order late Tuesday, the 11th U.S. Circuit Court of Appeals didn’t say when it would decide whether to grant the hearing. It was not clear what effect reconnecting Terri Schiavo’s feeding tube would have on her, as she approached her 13th day without nourishment.
The order issued allowed Bob and Mary Schindler to file the appeal, even though the court had set a March 26 deadline for doing so.
Its one-sentence order said: “The Appellant’s emergency motion for leave to file out of time is granted.” Twice last week, the court ruled against the Schindlers.
In requesting a new hearing, the Schindlers argued that a federal judge in Tampa should have considered the entire state court record and not whether previous Florida court rulings met legal standards under state law. It also stated that the Atlanta federal appellate court didn’t consider whether there was enough “clear and convincing” evidence that Terri Schiavo would have chosen to die in her current condition.
Michael doesn’t have to authorize an autopsy, Michael really doesn’t have any choice in the matter and he can’t refuse an autospy, the Medical Examiner needs to approve the request for a cremation before it happens.
Yesterday, George Felos said “that the chief medical examiner for Pinellas County, Dr. John Thogmartin, had agreed to perform an autopsy.
He said her husband wants definitive proof showing the extent of her brain damage. Michael Schiavo contends his wife told him years ago she would not want to be kept alive artificially under such circumstances.” (Via Fox News).
Michelle Malkin has some more links regarding this announcement and questions that have arisen regarding Terri’s condition.
Last night on Greta Van Susteren, reporter Julie Banderas said that it’s Florida law that an autopsy be performed on any body before cremation. This isn’t precisely true, in the case of a natural death with no questions, the Medical Examiner can approve a cremation without an autopsy, but the Medical Examiner must give approval before a body can be cremated.
At the Pinellas County Medical Examiners website here is the relevant statute: 406.11(1)(c)
A. All requests for cremation must be approved by the Medical Examiner prior to the actual cremation.
1.Before authorizing the irretrievable disposal of a body by cremation, the Medical Examiner must be assured that no future question will arise about the cause or circumstances of the death of the individual.
2. The death, if previously unreported to the Medical Examiner, must first be verified as a non-Medical Examiner case according to Florida Statutes, 406.11
Greer rejected the Schindler’s appeals once again.
Bob Schindler was just on, and said that Terri is doing remarkably well considering the circumstances. She is FIGHTING TO LIVE….
Can’t they see this? Put the tube back, or at least allow oral water and food.
Who will wash Terri’s feet?
Jeff asked me to post on this story: Cabot farmer serving reparative sentence for cow deaths From the Barre – Montpelier Times Argus in Vermont. Christian DeNeergaard, from Cabot, VT was convicted of not feeding or watering his 75 cows, allowing 11 of them to die as a result of this neglect. He was supposed to rectify the situation, but on a subsequent inspection, 15 more cows were found dead of starvation. PETA, of course, wanted him to go to jail. He was not sentenced to jail because of technical issues in the search of the property.
Of course, this man’s behavior is abhorrent and should be punished. But where are PETA now? There is a term “The Human Animal” isn’t there? Get all up in arms for starved cows, but not for a starved human being? Maybe it’s because the cows didn’t tell the bull that they wanted to die.
Anchoress has another story on starving cows: O Irony! FL rancher charged with starving cattle
Welcome Polipundit readers.
According to Junk Yard Blog:
The Hapless Misadventures of the Pinellas County Court System keeps getting stinkier and stinkier and scarier and scarier. Michael Schiavo’s attorney George Felos took his case and then filed the petition to introduce HB 2131 in 1999. Then the law in Tallahassee gets changed. Then the Schiavo case gets heard. In that order.
In April 1999 – House Bill 2131 was introduced in the Florida legislature by the Florida Elder Affairs & Long-Term Care Committee to amend Section 765 (Civil Rights) of the Florida Statutes. The amendments to Section 765.101 were the legal definition of “life prolonging procedures” to add: “INCLUDING ARTIFICIALLY PROVIDED SUSTENENCE AND HYDRATION, WHICH SUSTAINS, RESTORES, OR SUPPLANTS A SPONTANEOUS VITAL FUNCTION”. It becomes law on October 1, 1999.
Go read the rest.
Need someone dead? Get a law passed that will assist you in your endeavor.
Welcome Polipundit, Wizbang, & Myopic Zeal readers. There is a list to the right of other Terri stories at this site.
We just reached 10,000 on our sitemeter. Thanks to all our visitors and referrers.
Also just to put our growth in perspective, while we had 2000 hits last month, this month we’re approaching 6,000. It’s been great working with kimsch and we really appreciate all of our visitors and……….and………there I go……I promised myself I wouldn’t cry……………..talk amongst yourselves. (Jeff)
The American Spectator Where There’s No Will By Clinton W. Taylor
In Florida under the intestacy (dying without will) statute, everything goes to the spouse no matter what. Clinton Taylor states: “[T]he kind of testimony Michael Schiavo gave would not be sufficient (or even admissible) to affect the disposition of Terri’s property — but it is sufficient to end her life.”
Go read the rest.
Just heard on Fox News: Reporter Julie Banderas:
Michael Schaivo, of course, hopes they [the 11th Circuit] reject that appeal. Sources tell us, this is what he plans to do next, he wants to take the additional step of asking the courts, if, and I repeat if, they rule in favor of the Schindlers’ to include an 8 hour stay before putting that feeding tube back in Terri Schaivo, giving him time to file his appeal to the United States Supreme Court.
Time to make sure she dies.
Matt Margolis had a post in February about Living Wills. Go read it.
He links to this site for more information.