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I really think you guys involved in this thread need to read this. I
normally dislike blogs, but this one's a bit different. http://abstractappeal.com/schiavo/infopage.html Here's a couple of quotes from there to whet your appetite. quote The facts of this case are terribly sad, but they are not hard to understand. There's really nothing to be confused about, and as best I can tell, nothing's been overlooked by anyone. Terri's situation has arguably received more judicial attention, more medical attention, more executive attention, and more "due process," than any other guardianship case in history. Terri's family has had the benefit of excellent legal representation as well as the Governor's own top-notch attorneys, all of whom have scoured the case for ways to assist the effort to keep Terri's feeding tube in place. end quote And here's interesting quote number two: quote Why did Terri’s husband get to make the decision about whether she should live or die? Michael Schiavo did not make the decision to discontinue life-prolonging measures for Terri. As Terri's husband, Michael has been her guardian and her surrogate decision-maker. By 1998, though -- eight years after the trauma that produced Terri's situation -- Michael and Terri's parents disagreed over the proper course for her. Rather than make the decision himself, Michael followed a procedure permitted by Florida courts by which a surrogate such as Michael can petition a court, asking the court to act as the ward's surrogate and determine what the ward would decide to do. Michael did this, and based on statements Terri made to him and others, he took the position that Terri would not wish to continue life-prolonging measures. The Schindlers took the position that Terri would continue life-prolonging measures. Under this procedure, the trial court becomes the surrogate decision-maker, and that is what happened in this case. The trial court in this case held a trial on the dispute. Both sides were given opportunities to present their views and the evidence supporting those views. Afterwards, the trial court determined that, even applying the "clear and convincing evidence" standard -- the highest burden of proof used in civil cases -- the evidence showed that Terri would not wish to continue life-prolonging measures. end quote What I like about this guy's site, which bills itself as "The first weblog devoted to Florida law and the Eleventh Circuit Court of Appeals", is this quote: "I encourage anyone interested in this case to read the judicial decisions that have been entered. Most informative, from a factual point of view, are Judge Greer's orders and the Second District's decisions." And of course, he provides those documents for you to read. I wonder how many people in this country talking about this issue have bothered to look at these documents. No I don't. Be sure to click on the "Home Page" link. There are more links to the legal documents there. |
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