[strandinthewind]

Well, here is the answer to my question!!!!!

From the NY Times (emphasis supplied)

March 30, 2005
Appeals Court Grants Additional Review in the Schiavo Case
By THE ASSOCIATED PRESS

Filed at 1:40 a.m. ET

ATLANTA (AP) -- A federal appeals court early Wednesday agreed to consider a petition by Terri Schiavo's parents for a new hearing on whether to reconnect their severely brain-damaged daughter's feeding tube.

The ruling by the 11th U.S. Circuit Court of Appeals came on Schiavo's 12th day without nourishment. The Schindlers had argued that the District Court ``committed plain error when it reviewed only the state court case and outcome history.''

Now, the court is considering the request for a new trial rather than whether the state court rulings have met legal standards under Florida law, which is what federal courts have done in the case up to now.
Earlier Tuesday, Schiavo's father, Bob Schindler, described his daughter as ``failing'' following his visit Tuesday.

``She still looks pretty darn good under the circumstances,'' Schindler said. ``You can see the impact of no food and water for 12 days. Her bodily functions are still working. We still have her.''

Schiavo's parents have maintained that their daughter would want to be kept alive. Schiavo's husband, Michael, insists he is carrying out her wishes by having the feeding tube pulled.

Federal courts were given jurisdiction to review Schiavo's case after Republicans in Congress pushed through unprecedented emergency legislation over the weekend aimed at prolonging Schiavo's life. But federal courts at two levels rebuffed the family.
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Interestingly, what is the basis for a new trial. There are usually two:

1. The trial court erred - which here appears to already have been decided that it did not - thus they cannot raise that one

or

2. New Evidence - the only thing here is the attorney's utterly meritless statement that this poor woman grunted something like "I Want" which I thing she (the attorney) should be disbarred for because it clearly is a lie - at least to me.