Schiavo Thread Part Deux

[Sava]

I thought that guy died

[Imran Siddiqui]

The question about raising new issues is always open as most case are litigated over time. As evidence presents new issues, they are litigated and decided in due course without necessarily requiring an amendment to the pleadings.

You cannot remove while in mid trial. You only have a limited time frame for the case to go up to the federal level (removal is limited to 30 days after filing). Once that time passes, removal is not an option.

When a case is final, though, and on appeal, new issues normally cannot be presented and decided. But this does not estop the appellate court from raising them themselves and deciding a case on such new issues sua sponte.

Yes, appellate courts can decide on anything they want. But in this case they have not. The civil rights and due process issue has already been turned down by the Supreme Court for appeal.

[Agathon]

Originally posted by Sava
I thought that guy died

No he's still around and barking mad too. He makes that Gannon guy look normal.

I saw this on Fark, and someone said there that he's changed his name to "Warrior" and appeared before Congress, whereupon CSPAN had to idenitfy him as "Warrior".

[Agathon]

It's true... what a doofus..

[Sava]

[Odin]

Pro-wrestlers are stupid, throw rocks at them.

[Ned]

Originally posted by Imran Siddiqui

The question about raising new issues is always open as most case are litigated over time. As evidence presents new issues, they are litigated and decided in due course without necessarily requiring an amendment to the pleadings.

You cannot remove while in mid trial. You only have a limited time frame for the case to go up to the federal level (removal is limited to 30 days after filing). Once that time passes, removal is not an option.

Imran, this case like Habeas Corpus cases where new issues can be raised at the Federal level even after the state proceedings are final.

[Drake Tungsten]

Ralph Nader comes out in support of Terri Schiavo.

Consumer Advocate Ralph Nader and Wesley J. Smith, author of the award winning book "Culture of Death: The Assault on Medical Ethics in America" call upon the Florida Courts, Governor Jeb Bush and concerned citizens to take any legal action available to let Terri Schiavo live.

"A profound injustice is being inflicted on Terri Schiavo," Nader and Smith asserted today. "Worse, this slow death by dehydration is being imposed upon her under the color of law, in proceedings in which every benefit of the doubt-and there are many doubts in this case-has been given to her death, rather than her continued life."

Among the many injustices in this case, Nader and Smith point to the following:

The courts not only are refusing her tube feeding, but have ordered that no attempts be made to provide her water or food by mouth. Terri swallows her own saliva. Spoon feeding is not medical treatment. "This outrageous order proves that the courts are not merely permitting medical treatment to be withheld, it has ordered her to be made dead," Nader and Smith assert.

The medical and rehabilitation experts are split on whether Terri is in a persistent vegetative state or whether Terri can be improved with therapy. There is only one way to know for sure- permit the therapy. That is the only way to resolve all doubts.

The court is imposing process over justice. After the first trial in this case, much evidence has been produced that should allow for a new trial-which was the point of the hasty federal legislation. If this were a death penalty case, this evidence would demand reconsideration. Yet, an innocent disabled woman is receiving less justice.

The federal and state governments are spending billions on what we are told will become miracle medical cures for people with all sorts of degenerative conditions, including brain damage. If this is so, why not permit Terri's parents and siblings who want to care for her do so in the hope that such cures are discovered?

Benefits of doubts should be given to life, not hastened death. This case is rife with doubt. Justice demands that Terri be permitted to live.

http://releases.usnewswire.com/GetRelease.asp?id=44858

The man really has a thing for lost causes, doesn't he?

[Ned]

The Florida Supreme Court has just sustained Judge Greer ruling this afternoon.

Quo Vadis, Jeb?

[Sava]

Contact: Ralph Nader, 202-387-8034

[Dinner]

Originally posted by Drake Tungsten

I wish these right to lifers would just go home already.

I think you're deluding yourself if you think it's only right-to-lifers who find killing Terri Schiavo to be a morally questionable act.

After watching days and days of network news on this case one could be forgiven for thinking otherwise. In fact it seems that right to lifers are the vaste, vaste majority of anti-carrying out the court order people. Almost to the exculsion of anyoe else.

[Drake Tungsten]

Yeah, I wonder how you would get that impression from the MSM. It's not like they have a bug up their ass about the religious right or anything...

[Sava]

[Imran Siddiqui]

this case like Habeas Corpus cases where new issues can be raised at the Federal level even after the state proceedings are final.

No it isn't. Habeas Corpus is only for criminal cases. It has no application here, and there is no analogy possible. It isn't "like Habeas Corpus" just like you want it to be. There is no basis in the law for applying Habeas Corpus to a civil case.

[GePap]

Originally posted by Drake Tungsten
Yeah, I wonder how you would get that impression from the MSM. It's not like they have a bug up their ass about the religious right or anything...

You get the impression form watching Fox News for god's sake! Even the American Pravda shows only the pro-lifers crying on about the Schindler's.