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#316
03-30-2005, 09:40 PM
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 save the cheerleader - save the world 
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#317
03-30-2005, 09:50 PM
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It was interesting to note that the dissenting judges Tjofat and Wilson note that "the plaintiffs have NOW stated a plausible claim" as if it was about time.  I think the Supremes will decline again to take the matter. Also, I found it interesting that there was some dissention in the ranks when Gibbs (Schindler's lawyer) stated that she is beyond the point of recovering and then the parents came out and blasted him for saying that. Must be some interesting behind the scene antics going on there.
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~Heather~ Well, someday when we're older And my hair is silver gray Unbraid with all of the love that you have Like a soft, silver chain . . .
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#318
03-30-2005, 10:01 PM
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save the cheerleader - save the world
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#319
03-30-2005, 10:07 PM
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How much do you think Gibbs and Felos are pushing this for their own agendas? Gibbs is on MSNBC now.
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~Heather~ Well, someday when we're older And my hair is silver gray Unbraid with all of the love that you have Like a soft, silver chain . . . Last edited by Mad4stevie; 03-30-2005 at 10:11 PM..
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#320
03-30-2005, 10:15 PM
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http://www.nytimes.com/2005/03/29/po...on=&oref=login
March 29, 2005 List of Schiavo Donors Will Be Sold by Direct-Marketing Firm By DAVID D. KIRKPATRICK and JOHN SCHWARTZ ASHINGTON, March 28 - The parents of Terri Schiavo have authorized a conservative direct-mailing firm to sell a list of their financial supporters, making it likely that thousands of strangers moved by her plight will receive a steady stream of solicitations from anti-abortion and conservative groups. "These compassionate pro-lifers donated toward Bob Schindler's legal battle to keep Terri's estranged husband from removing the feeding tube from Terri," says a description of the list on the Web site of the firm, Response Unlimited, which is asking $150 a month for 6,000 names and $500 a month for 4,000 e-mail addresses of people who responded last month to an e-mail plea from Ms. Schiavo's father. "These individuals are passionate about the way they value human life, adamantly oppose euthanasia and are pro-life in every sense of the word!" Privacy experts said the sale of the list was legal and even predictable, if ghoulish. "I think it's amusing," said Robert Gellman, a privacy and information policy consultant. "I think it's absolutely classic America. Everything is for sale in America, every type of personal information." Executives of Response Unlimited declined to comment. Gary McCullough, director of the Christian Communication Network and a spokesman for Ms. Schiavo's parents, confirmed that Mr. Schindler had agreed to let Response Unlimited rent out the list as part of a deal for the firm to send an e-mail solicitation raising money on the family's behalf. The Schindlers have waged a lengthy legal battle against their son-in-law Michael Schiavo to prevent the removal of the feeding tube from their daughter, who doctors say is in a persistent vegetative state. Mr. McCullough said he was present when Mr. Schindler agreed to the arrangement in a conversation with Phil Sheldon, the co-founder of a conservative online marketing organization, RightMarch.com, who acted as a broker for Response Unlimited. "So the Schindlers do know the details," Mr. McCullough said on Monday. How much attention they paid to the matter is hard to assess, he added. "The Schindlers right now know that their daughter is starving to death, and if I ask about anything else, they say, 'I don't want to hear about it.' " Direct mail and mass e-mailings are ubiquitous fund-raising tools of interest groups on the left as well as the right, and others in the direct-mail business defended the sale of lists like the roster of donors to the Schindlers as a useful way for potential donors to learn of causes that might appeal to them. Pamela Hennessy, an unpaid spokeswoman for the Schindlers, said she was initially appalled when she learned of the list's existence. "It is possibly the most distasteful thing I have ever seen," Ms. Hennessy said. "Everybody is making a buck off of her." Ms. Hennessy, who operates the Schindlers' Web site, www.terrisfight.org, said the family had not released any of the names or e-mail addresses gathered there. "Obviously these people are enterprising, and they are taking advantage of this very desperate father," she said. On Sunday, as the Schindlers gave up on their legal battle and their daughter passed her 10th day without food, others continued to rally supporters and solicit money in an effort to restore the feeding tube. "This time, we have a real chance to break through the 'roadblocks' that the enemies of life have been putting up in front of us," said a mass e-mailing from RightMarch.com, asking supporters to urge Gov. Jeb Bush to intervene somehow. The message added: "We're asking you to give a donation to help with our activism efforts to save Terri's life. Battles cost money; resources cost money; media costs money; we could go on, but you get the picture." Mr. Sheldon - whose father, the Rev. Lou Sheldon, founder of the Traditional Values Coalition, has also sent appeals urging support for Ms. Schiavo - apparently played a dual role as a partner in RightMarch.com, which is working with the anti-abortion activist Randall Terry, and as a broker for Response Unlimited. Mr. Sheldon did not respond to phone calls yesterday. "I think it sounds a little unusual right now because of the situation where she is in the process of dying," said Richard Viguerie, another major conservative direct-mail operator. "If you came across this information six months or a year from now, I don't think you would give it too much thought." -------
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-Mikki 3317
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#321
03-30-2005, 10:33 PM
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~Heather~ Well, someday when we're older And my hair is silver gray Unbraid with all of the love that you have Like a soft, silver chain . . .
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#322
03-30-2005, 10:45 PM
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 It's appalling.
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-Mikki 3317
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#323
03-30-2005, 10:56 PM
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Supremes just refused to hear the appeal. Big surprise. That didn't take long.
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~Heather~ Well, someday when we're older And my hair is silver gray Unbraid with all of the love that you have Like a soft, silver chain . . .
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#324
03-31-2005, 02:50 AM
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Again, I think it is sad that the parents in their desparation chose this very public and humiliating road, but I cannot say I would not o the same if I thought it was the only way to save my child.
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save the cheerleader - save the world
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#325
03-31-2005, 02:59 AM
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The spin doctor pundits were spinning this as "poor Terri Schiavo is caught in a power struggle (dare I say pissing war  ) beteween the Judicial and Legislative Branches of the Federal Govt. That argument is unsurprisingly bogus on two levels. First, this is a case wherein the state court on a SOLELY state court issue followed the law - no one can argue it did not. Second, when Congress inappropriately allowed special standing for Federal jurisdiction for Mrs. Schiavo, that was a slap in the face to the Florida Legislature and courts and legislature. Who the hell do they think they are telling Florida, much less her husband, what to do when Florida was clearly within the Federal guidelines in this matter? Notwithstanding that autrocity, they got the power struggle lang. by noting the 11th Cir.'s direct lang. about Congress' unconstitutionally overstepping its authority in Terri's Bill. While this may be seen as a Federal pissing contest, it is an historically appropriate one (Court's interpret law and have for the last 200+ years been overruling Congress ) and all actions by all Federal parties cannot obviate the real issue which is Mr. Schiavo won fair and square under Florida law. Thus, the parents are forum shopping (again, the feds are not cheap to buy) for any court in any jurisdiction to find in their favor - NONE of which have.This is a sad satement on the hypocrisy of the the far far right in that they cannot stand it when the courts rule against them outside of the law except for when it suits them to have them do so.
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save the cheerleader - save the world
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#326
03-31-2005, 08:04 AM
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Here is an updated version of the history of this saga:
ETHICS HOME > SCHIAVO CASE RESOURCES > TIMELINE KEY EVENTS IN THE CASE OF THERESA MARIE SCHIAVO Kathy Cerminara, Nova Southeastern University, Shepard Broad Law Center Kenneth Goodman, University of Miami Ethics Programs Acknowledgements. This resource is a joint project of the University of Miami Ethics Programs and the Shepard Broad Law Center at Nova Southeastern University. This content may be reproduced for non-commercial, education purposes only, with appropriate attribution to the source. (For more information, read our copyright policy.) Please send comments, suggestions and corrections to Ken Goodman, UM Ethics Programs, at [email protected]. News media and others seeking comment from Florida Bioethics Network leaders should call 305-243-5723. Timeline December 3, 1963 Theresa (Terri) Marie Schiavo, nee Schindler, is born. Novermber 1984 Terri and Michael Schiavo are married. February 25, 1990 Terri Schiavo suffers cardiac arrest, apparently caused by a potassium imbalance and leading to brain damage due to lack of oxygen. She was taken to the Humana Northside Hospital and was later given a percutaneous endoscopic gastrostomy (PEG) to provide nutrition and hydration. May 12, 1990 Terri Schiavo is discharged from the hospital and taken to the College Park skilled care and rehabilitation facility. June 18, 1990 Court appoints Michael Schiavo as guardian; Terri Schiavo’s parents do not object. June 30, 1990 Terri Schiavo is transferred to Bayfront Hospital for further rehabilitation efforts. September 1990 Terri Schiavo’s family brings her home, but three weeks later they return her to the College Park facility because the family is “overwhelmed by Terri’s care needs.” November 1990 Michael Schiavo takes Terri Schiavo to California for experimental “brain stimulator” treatment, an experimental “thalamic stimulator implant” in her brain. January 1991 The Schiavos return to Florida; Terri Schiavo is moved to the Mediplex Rehabilitation Center in Brandon where she receives 24-hour care. July 19, 1991 Terri Schiavo is transferred to Sable Palms skilled care facility where she receives continuing neurological testing, and regular and aggressive speech/occupational therapy through 1994. May 1992 Terri Schiavo’s parents, Robert and Mary Schindler, and Michael Schiavo stop living together. August 1992 Terri Schiavo is awarded $250,000 in an out-of-court medical malpractice settlement with one of her physicians. November 1992 The jury in the medical malpractice trial against another of Terri’s physicians awards more than one million dollars. In the end, after attorneys’ fees and other expenses, Michael Schiavo received about $300,000 and about $750,000 was put in a trust fund specifically for Terri Schiavo’s medical care. February 14, 1993 Michael Schiavo and the Schindlers have a falling-out over the course of therapy for Terri Schiavo; Michael Schiavo claims that the Schindlers demand that he share the malpractice money with them. July 29, 1993 Schindlers attempt to remove Michael Schiavo as Terri Schiavo’s guardian; the court later dismisses the suit. March 1, 1994 First guardian ad litem, John H. Pecarek, submits his report. He states that Michael Schiavo has acted appropriately and attentively toward Terri Schiavo. May 1998 Michael Schiavo petitions the court to authorize the removal of Terri Schiavo’s PEG tube; the Schindlers oppose, saying that Terri would want to remain alive. The court appoints Richard Pearse, Esq., to serve as the second guardian ad litem for Terri Schiavo. December 20, 1998 The second guardian ad litem, Richard Pearse, Esq., issues his report in which he concluding that Terri Schiavo is in a persistent vegetative state with no chance of improvement and that Michael Schiavo’s decision-making may be influenced by the potential to inherit the remainder of Terri Schiavo’s estate. Pearse GAL Report January 24, 2000 The trial begins; Pinellas-Pasco County Circuit Court Judge George Greer presides. Testimony of Father Gerard Murphy February 11, 2000 Judge Greer rules that Terri Schiavo would have chosen to have the PEG tube removed, and therefore he orders it removed, which, according to doctors, will cause her death in approximately 7 to 14 days. Trial Court Ruling March 2, 2000 The Schindlers file a petition with Judge Greer to allow “swallowing” tests to be performed on Terri Schiavo to determine if she can consume—or learn to consume—nutrients on her own. March 7, 2000 Judge Greer denies the Schindlers’ petition to perform “swallowing” tests on Terri Schiavo. March 24, 2000 Judge Greer grants Michael Schiavo’s petition to limit visitation to Terri Schiavo as well as to bar pictures. Judge Greer also stays his order until 30 days beyond the final exhaustion of all appeals by the Schindlers. Greer Stay and Order Limiting Visitation January 24, 2001 Florida’s Second District Court of Appeal (2nd DCA) upholds Judge Greer’s ruling that permits the removal of Terri Schiavo’s PEG tube. In re Schiavo, 780 So. 2d 176 (2nd DCA 2001), rehearing denied (Feb. 22, 2001), review denied, 789 So. 2d 348 (Fla. 2001). (Case No.: SC01-559) DCA Ruling February 22, 2001 The Schindler family’s motion for an Appellate Court rehearing is denied. March 12, 2001 Michael Schiavo petitions Judge Greer to lift his stay, issued March 24, 2000, in order to permit the removal of Terri Shiavo’s PEG tube. March 29, 2001 Judge Greer denies Michael Schiavo’s motion to lift stay issued on March 24, 2000; Michael Schiavo can remove Terri’s PEG tube at 1 p.m. on April 20. Greer Order April 10, 2001 The 2nd DCA denies the Schindlers’ motion to extend Judge Greer’s stay, which is scheduled to expire April 20, 2001. 4-10-01 DCA Order April 12, 2001 The Schindlers file a motion requesting that Judge Greer recuse himself. April 12, 2001 The Schindlers petition the Florida Supreme Court to stay the removal of Terri Schiavo’s PEG tube. 4-12-01 Motion for Stay Part 1 4-12-01 Motion for Stay Part 2 4-12-01 Court’s Request for Response from Schiavo April 16, 2001 Judge Greer denies the Schindlers’ motion to recuse himself. April 18, 2001 The Florida Supreme Court chooses not to review the decision of the 2nd DCA. In re Schiavo, 789 So. 2d 248 (Fla. 2001). Case No.: SC01-559 3-22-01 Schindler family’s Notice to Appeal to Supreme Court 3-30-01 Schindlers’ Jurisdictional Brief Part 1 3-30-01 Schindlers’ Jurisdictional Brief Part 2 4-18-01 Order Denying Rehearing and Motion for Stay April 20, 2001 Federal District Court Judge Richard Lazzara grants the Schindlers a stay until April 23, 2001, to exhaust all their possible appeals. April 23, 2001 Justice Anthony M. Kennedy of the United States Supreme Court refuses to stay the case for a review by that Court. April 24, 2001 By order of trial court Judge Greer, and upon issuance of a 2nd DCA mandate, Terri Schiavo’s PEG tube is removed April 26, 2001 The Schindlers file an emergency motion with Judge Greer for relief from judgment based upon new evidence, which includes a claim that a former girlfriend of Michael Schiavo will testify that he lied about Terri Schiavo’s wishes; Judge Greer dismisses the motion as untimely. Also on this date, the Schindlers file a new civil suit that claims that Michael Schiavo perjured himself when he testified that Terri Schiavo had stated an aversion to remaining on life support. Pending this new civil trial, Circuit Court Judge Frank Quesada orders Terri Schiavo’s PEG tube to be reinserted. April 30, 2001 Michael Schiavo files an emergency motion with the 2nd DCA to allow the removal of Terri Schiavo’s PEG tube. May 9, 2001 The 2nd DCA announces a date for the hearing of oral arguments regarding Michael Schiavo’s motion of April 30, 2001. June 25, 2001 Arguments in 2nd DCA regarding Michael Schiavo’s motion of April 30, 2001. July 11, 2001 The 2nd DCA remands the case back to Judge Greer. (1) The 2nd DCA informs the Schindlers that they must address both their desire to have new evidence heard and their perjury claim against Michael Schiavo within the original guardianship proceeding; further, the Schindlers are instructed to file a new motion for relief from judgment in the guardianship proceeding. (2) The 2nd DCA instructs Judge Greer to weigh the Schinders’ new evidence in making a new determination of what Terri Schiavo would have wanted. (3) The 2nd DCA denies Michael Schiavo’s request to discontinue the PEG tube. In re Schiavo, 792 So. 2d 551 (2nd DCA 2001). 7-11-01 DCA Order August 7, 2001 After the 2nd DCA remands the case back to Judge Greer, he again finds that Michael Schiavo may remove Terri Schiavo’s PEG tube on August 28. August 10, 2001 Judge Greer denies the Schindlers' motion (1) to have their own doctors examine Terri Schiavo, (2) to remove Michael Schiavo as her guardian, and (3) to disqualify himself from the proceedings. August 17, 2001 Judge Greer delays the removal of Terri Schiavo's PEG tube until October 9 in order to allow the Schindlers time to appeal. October 3, 2001 The 2nd DCA delays the removal of the PEG tube indefinitely. October 17, 2001 The 2nd DCA rules that 5 doctors should examine Terri Schiavo to determine if she can improve with new medical treatment. The Schindlers and Michael Schiavo are to choose 2 doctors each, and the court is to appoint a doctor. The appeals court also affirms Greer’s denial of the motion to disqualify himself. In re Schiavo, 800 So. 2d 640 (2nd DCA 2001). 10-17-01 DCA ruling November 1, 2001 The 2nd DCA denies Michael Schiavo’s motion to rehear the case. December 14, 2001 Michael Schiavo petitions the Florida Supreme Court to stay the October 17, 2001 ruling of the 2nd DCA. He states that he and the Schindlers will attempt to mediate the dispute in lieu of further litigation. 12-05-01 Michael Schiavo’s Notice of Appeal to the Florida Supreme Court 12-14-01 Michael Schiavo’s Motion to Stay DCA’s Ruling. December 19, 2001 Attorneys meet with a mediator to determine which tests doctors should run on Terri Schiavo. January 10, 2002 State Supreme Court stays all legal proceedings pending mediation; it orders attorneys to report on the status of mediation in sixty days. 1-10-02 SC Order of Stay February 13, 2002 Mediation between the Schindlers and Michael Schiavo fails. 2-13-02 Notice that Mediation failed March 14, 2002 The Florida Supreme Court denies Michael Schiavo’s petition to review the 2nd DCA’s ruling allowing 5 doctors to examine Terri Schiavo. In re Schiavo, 816 So. 2d 127 (Fla. 2002) (Table, No. SC01-2678) 2-13-02 Michael Schiavo’s Jurisdictional Petition 2-13-02 Michael Schiavo’s Petition to Stay ruling of 2nd DCA (10/17/01). 2-22-02 Court’s Order of Stay pending its final decision 3-01-02 Schindler’s Jurisdictional Brief 3-13-01 Michael Schiavo’s Motion to Strike 3-14-01 Order Denying Schiavo’s Petition 3-14-01 Order to Strike October 12-22, 2002 The trial court holds a new hearing on new potential medical treatments. November 15, 2002 The Schindlers contend that Michael Schiavo might have abused Terri Schiavo and this abuse led to her condition. They ask the court for more time to collect evidence, and to remove Michael Schiavo as guardian. 11-15-02 Petition to remove MS as guardian November 22, 2002 Judge Greer rules that Terri Schiavo’s PEG tube should be removed January 3, 2003. In re Schiavo, 2002 WL 31817960 (Fla. Cir. Ct. Nov. 22, 2002) (No. 90-2908-GB-003) Nov22 2002 TC trialctorder11-02.txt December 13, 2002 Judge Greer stays his November 22 ruling: Terri Schiavo should not have her PEG tube removed until an appeals court can rule on the case. December 23, 2002 The 2nd DCA denies a motion Michael Schiavo filed seeking permission to remove the PEG tube. June 6, 2003 The 2nd DCA, affirming Judge Greer’s November 2002 ruling, concludes that Michael Schiavo can remove Terri Schiavo’s PEG tube on October 15. In re Schiavo, 851 So. 2d 182 (2nd DCA 2003) (No. 2D02-5394), rehearing denied (July 9, 2003), review denied 855 So. 2d 621 (Fla. 2003). 6-06-03 Court Opinion July 9, 2003 The 2nd DCA refuses to reconsider its decision. August 22, 2003 The Florida Supreme Court declines to review the decision. Schindler v. Schiavo, 855 So. 2d 621 (Fla. 2003) (Table, No. SC03-1242) 7-24-03 Notice of Schindlers' Appeal 7-31-03 Michael Schiavo’s Motion to Vacate Court Order denying Motion to Vacate 8-07-03 Schindler's Petition for a Supreme Court Review 8-13-03 Michael Shiavo’s Response to Petition for Review 8-18-03 Schindlers motion for a Stay 8-19-03 Court Orders Schiavo to make a Respond for the Motion for Stay 8-20-03 Shiavo’s Response to Motion for Stay 8-22-03 Court Order denying Review and Motion for Stay August 30, 2003 Terri Schiavo’s parents file a federal lawsuit challenging the removal of Terri Schiavo’s PEG tube. Schiavos’ petition (D). Schindler v. Schiavo, Civil Action No. 8:03-CV-1860-T-26-T-TGW September 17, 2003 Judge Greer orders the removal of the PEG tube to take place on October 15, 2003. He also rejects the Schindlers’ request that Terri Schiavo be given therapy to learn how to eat without the tube. 9-17-03 Court Order October 7, 2003 Governor Jeb Bush files a federal court brief in support of the Schindlers’ effort to stop the removal of the PEG tube. October 10, 2003 Federal Court Judge Richard Lazzara rules that he lacks the jurisdiction to hear the federal case. October 14, 2003 The 2nd DCA refuses to block Judge Greer’s order to remove the PEG tube. October 15, 2003 Terri Schiavo’s PEG tube is once again removed. October 17, 2003 The Florida Circuit Court in Pinellas County and the First District Court of Appeal refuse to grant a request made by the “supporters” of the Schindlers to direct Governor Jeb Bush to intervene in the Schiavo case. October 19, 2003 The Advocacy Center for Persons with Disabilities, Inc. files a federal court lawsuit that claims that the removal of Terri Schiavo’s PEG tube is abuse and neglect. Advocacy Center for Persons with Disabilities, Inc. v. Schiavo, No. 8:03-CV-2167-T-23EAJ October 20, 2003 The Florida House of Representatives passes a bill, “Terri’s Law,” that allows the governor to issue a “one-time stay in certain cases.” HouseBill35-E.pdf October 21, 2003 The Florida Senate passes the bill; Governor Bush issues an executive order directing reinsertion of the PEG tube and appointing a guardian ad litem for Terri Schiavo. Schiavo Controversy Fla_ Gov_ Exec_ Order No_ 03-201.htm Statements by some House members October 21, 2003 Michael Schiavo files a state-court lawsuit arguing that “Terri’s Law” is unconstitutional and seeking an injunction to stop the reinsertion of the PEG tube; the court requests briefs on the Constitutional arguments about “Terri’s Law.” 10-21-03 Schiavo Injunction Amicus Brief from House Speaker Byrd (B) Schiavo v. Bush. No. 03-008212-CI-20 (Cir. Ct. Pinellas County, Florida). October 21, 2003 The federal court denies the motion for a temporary restraining order filed in the lawsuit of the Advocacy Center for Persons with Disabilities, Inc. Advocacy Center for Persons with Disabilities, Inc. v. Schiavo, 2003 WL 23305833, 17 Fla. L. Weekly Fed. D 291 (M.D. Fla. Oct. 21, 2003). 10-21-03 US District Court Order October 21, 2003 Terri Schiavo’s PEG tube is reinserted. October 22 2003 David Demeres, Chief Judge for the Pinellas County Circuit Court, orders both the Schindlers and Michael Schiavo to agree within 5 days on an independent guardian ad litem as required under the Governor’s order. (“Terri’s Law” directs: “Upon issuance of the stay, the chief judge of the circuit court shall appoint a guardian ad litem for the patient to make recommendations to the Governor and the court.”) Schiavo's Response Schindlers' Response October 28, 2003 President George W. Bush praises the way his brother, Governor Jeb Bush, has handled the Schiavo matter. Transcript of Rose Garden Press Conference October 29, 2003 Michael Schiavo files court papers in his state-court lawsuit, arguing that “Terri’s Law” is unconstitutional. The American Civil Liberties Union has joined Michael Schiavo. Michael Schiavo petitioner brief October 31, 2003 Judge Demers appoints Dr. Jay Wolfson as Terri Schiavo’s guardian ad litem. Dr. Wolfson holds both medical and legal degrees; he is also a public health professor at the University of South Florida. He is supposed to represent Terri Schiavo’s best interest in court, but he has no authority to make decisions for her. 10-31-03 GAL Appointment November 4, 2003 Governor Jeb Bush asks Circuit Court Judge W. Douglas Baird to dismiss Michael Schiavo’s suit (filed October 21, 2003) that challenges “Terri’s Law.” November 8, 2003 Judge Baird denies Governor Bush’s motion to dismiss the state-court suit. November 10, 2003 Governor Bush appeals Judge Baird’s decision; the filing of the appeal has the effect of staying the removal of Terri Schiavo’s PEG tube. November 14, 2003 Judge Baird vacates the stay. 11-14-03 Order vacating stay. November 14, 2003 In response to Judge Baird’s lifting the stay, the 2nd DCA issues an indefinite stay. November 19, 2003 Governor Bush files a petition to remove Judge Baird. 11-19-03 Petition November 21, 2003 Florida Sens. Stephen Wise and Jim Sebesta introduce legislation (S692) that would require persons in persistent vegetative states to be administered medically supplied nutrition and hydration in the absence of a living will, regardless of family beliefs about what those patients would have wanted. The measure is withdrawn from consideration on April 16, 2004. Bill to require sustenence when no living will exists December 1, 2003 Jay Wolfson, guardian ad litem, concludes in his report that Terri Schiavo is in a persistent vegetative state with no chance of improvement. Wolfson's Report Governor Bush's response to Wolfson's report December 10, 2003 The 2nd DCA refuses to remove Judge Baird, who is the presiding judge in the state-court lawsuit filed October 21, 2003. Bush v. Schiavo, 861 So. 2d 506 (2nd DCA 2003) (No. 2D03-5244) 12-10-03 Court Opinion January 5, 2004 The Schindler family petitions the Pinellas County Circuit Court to reappoint Jay Wolfson, the guardian ad litem. 1-05-04 Schindlers petition to reappoint GAL January 8, 2004 Judge Demers rejects the request to reappoint the guardian ad litem, citing the pending court decisions over the constitutionality of “Terri’s Law” as reason to wait on any action. 1-08-04 Order denying reinstatement of GAL February 13, 2004 The 2nd DCA reverses Judge Baird’s ruling (in the case filed October 21, 2003) that denied the Schindlers permission to intervene in Michael Schiavo’s Constitutional challenge to “Terri’s Law.” The 2nd DCA explains that Judge Baird did not follow proper procedure. The court also gives permission to Governor Bush to question several witnesses who Judge Baird previously had ruled could not offer any relevant testimony. Bush v. Schiavo, 866 So. 2d 140 (Fla. 2nd DCA 2004) (on intervention); 866 So. 2d 136 (2nd DCA 2004) (on request to take depositions). (Case No. 2D03-5783). bushschiavo2 13 04 opn.pdf 2-13-04 Opinion allowing parents to intervene March 12, 2004 Judge Baird again rejects the Schindlers’ request to intervene in Michael Schiavo’s suit that questions the constitutionality of “Terri’s Law.” March 20, 2004 Pope John Paul II addresses World Federation of Catholic Medical Associations and Pontifical Academy for Life Congress on "Life-Sustaining Treatments and Vegetative State: Scientific Advances and Ethical Dilemmas." His remarks spark widespread interest and controversy. Pope's address March 29, 2004 Nursing home workers discover 4 “fresh puncture wounds” on one arm and a fifth wound on the other arm; the workers state that a hypodermic needle appears to have caused the wounds. Attendants discovered the wounds shortly after the Schindlers visited Terri Schiavo for 45 minutes. Toxicology reports indicate that no substance was injected into Terri Schiavo. Clearwater police later conclude that the marks might have been made by a device used to move Ms. Schiavo and, in any case, that no evidence of abuse or other wrongdoing could be found. St. Petersburg Times report (May 15, 2004) March 29, 2004 Judge Greer denies a motion filed by the Schindlers seeking to have Michael Schiavo defend himself in a hearing; they allege that he is violating a 1996 court order that requires him to share a sufficient amount of Terri Schiavo’s medical information. Michael Schiavo claims that he has shared an adequate amount of information through attorneys. April 16, 2004 S692 is withdrawn from consideration in the Florida Legislature. S692 History April 23, 2004 The 2nd DCA rules that the Pinellas County trial court has jurisdiction to hear and is the proper venue for the case Michael Schiavo has filed against Governor Bush asserting that "Terri's Law" is unconstitutional. 2nd DCA Jurisdictional ruling May 6, 2004 Pinellas Circuit Judge W. Douglas Baird rules that "Terri's Law," sought and signed by Gov. Bush and approved by the Legislature on October 21, 2003, is unconstitutional. The governor appeals the ruling. Judge Baird's order June 1, 2004 The 2nd DCA grants a motion from attorneys for Michael Schiavo to send the case directly to the Florida Supreme Court and bypass a lower-court review. Meanwhile, attorneys for Gov. Bush file a motion asking that all appeals be halted until the issue of whether Michael Schiavo has the authority to fight the governor on his wife's behalf is resolved. Tallahassee Democrat report June 16, 2004 Florida's Supreme Court, pointing to "a question of great public importance requiring immediate resolution by this Court," accepts jurisdiction and sets oral arguments for August 31, 2004. Florida Supreme Court order June 30, 2004 2nd DCA affirms Judge Baird's March 12 ruling denying the Schindlers the ability to intervene in the lawsuit over the constitutionality of "Terri's Law." July 19, 2004 The Schindlers file a motion in the Circuit Court for Pinellas County seeking relief from judgment in Schindler v. Schiavo. Based in part upon the recent statement by Pope John Paul II, they argue that the orders mandating withdrawal of the PEG tube from Terri and authorizing Michael to challenge the constitutionality of "Terri's Law" violate her "free exercise of her religious beliefs [and] her right to enjoy and defend her own life and, in fact, imperil her immortal soul." Relief from judgment motion Appendix to motion (seven exhibits) July 27, 2004 National group of bioethicists files amicus brief "in support of Michael Schiavo as guardian of the person." Bioethicists' amicus brief August 31, 2004 The Florida Supreme Court hears oral arguments in the lawsuit over the constitutionality of "Terri's Law." Streaming video of the proceedings, archived by WFSU at Florida State University Transcript St. Petersburg Times report August 31, 2004 Circuit Judge George Greer, opposed for re-election by an attorney who was known to oppose Greer's rulings in the Schiavo case, is re-elected by a large margin. St. Petersburg Times report September 23, 2004 Florida's Supreme Court, unanimously affirming the trial court order, declares "Terri's Law" unconstitutional. Supreme Court ruling October 4, 2004 Governor Bush files a motion and then an amended motion for rehearing and clarification of the Florida Supreme Court opinion issued on September 23, 2004 Amended motion for rehearing and clarification October 21, 2004 Florida Supreme Court denies Governor Bush's amended motion for rehearing and clarification, as well as a motion seeking permission to file a second amended motion for rehearing and clarification. The Court issues a mandate. Order October 22, 2004 In Pinellas County, at the trial-court level, Judge Greer denies the motion filed by the Schindlers on July 19, 2004. He also stays the removal of her PEG tube until December 6, 2004. Order Denying Motion Order Granting Stay October 25, 2004 Governor Bush files a motion with the Florida Supreme Court asking that it recall the mandate it issued on October 22 because he will be filing a petition for certiorari regarding this case with the United States Supreme Court. Motion to Recall Mandate Appendix to Motion October 27, 2004 Florida Supreme Court grants Governor Bush's motion asking that it recall the mandate issued on October 22. Proceedings in the trial and all appellate courts in the case of Bush v. Schiavo are stayed until November 29, 2004. Order Recalling Mandate November 22, 2004 In the guardianship proceeding in Pinellas County, the Schindlers appeal from Judge Greer’s October 22 order denying their motion for relief from judgment. Brief Seeking Review December 3, 2004 Governor Bush files a petition for certiorari, seeking review of the Florida Supreme Court’s decision regarding Terri’s law, with the U.S. Supreme Court. U.S. Supreme Court Docket Petition for Writ of Certiorari December 29, 2004 2nd DCA, without opinion, denies the Schindlers' November 22 appeal from Judge Greer's order refusing to reopen the guardianship proceeding. January 10, 2005 The Schindlers again ask Judge Greer to remove Michael Schiavo from his judicial appointed post of Terri’s guardian. January 13, 2005 The Schindlers file two motions – one in the 2d DCA, asking it to reconsider its decision of December 29, 2004, and a second in the trial court guardianship proceeding, asking Judge Greer once again to prevent withdrawal of nutrition and hydration until the 2d DCA does so. January 24, 2005 The United States Supreme Court refused to grant review of the case in which the Florida Supreme Court struck down “Terri’s Law” as unconstitutional. February 7, 2005 Florida's Department of Agriculture and Consumer Services cites the Terri Schindler-Schiavo Foundation for failing to register with the state to solicit donations. February 11, 2005 In Pinellas County, Judge Greer denies the Schindlers' motions, filed January 10 and 13, 2005. The order authorizing withdrawal of the PEG tube remains in effect, although implementation is stayed pending the outcome of currently pending appeals. February 15, 2005 The Schindlers ask the 2nd DCA to stay the mandate issued when it refused to hear their most recent appeal. February 16, 2005 Randall Terry, founder of the pro-life activist organization Operation Rescue, appears with the Schindlers at a news conference, vowing protest vigils against removal of the PEG tube. February 18, 2005 The Schindlers again petition Judge Greer in Pinellas County for reconsideration of the order of February 11, 2005, in which the court upheld its judgment, made in the year 2000, that the PEG tube should be removed. February 18, 2005 Florida Representatives Baxley Brown; Cannon; Davis, D.; Flores; Goldstein; Lopez-Cantera; Murzin; Quinones; Traviesa introduced H 701 in the Florida Legislature. H 701, mirroring S. 692 (introduced in October 2003 and withdrawn in April 2004), would require maintenance of medically supplied nutrition and hydration in incapacitated persons in most instances. H.701 February 21, 2005 The 2d DCA denies the Schindlers’ motion of February 15, 2005, clearing the way for removal of the PEG tube when the current stay expires on February 22, 2005. Judge Greer schedules a hearing on the Schindlers’ motion of February 18, 2005, for February 23, 2005. February 22, 2005 Judge Greer stays removal of the PEG tube until 5 p.m. on February 23, 2005 (after he hears argument on the motion filed by the Schindlers on February 18, 2005). February 23, 2005 After a hearing, Judge Greer extends the stay preventing removal of the PEG tube until 5 p.m. on February 25, 2005, to permit time to issue an order detailing his decisions regarding matters discussed at the hearing. Officials from Florida’s Department of Children and Families (DCF) move to intervene in the case, but Judge Greer denies the motion to intervene at the hearing. DCF Motion to Intervene February 25, 2005 Judge Greer denies the motion before him and orders that, “absent a stay from the appellate courts, the guardian, Michael Schiavo, shall cause the removal of nutrition and hydration from the ward, Theresa Schiavo, at 1 p.m. on Friday, March 18, 2005.” Order Denying Stay February 26, 2005 The St. Petersburg Times reports that a Vatican cardinal spoke on Vatican Radio opposing removal of the PEG tube. St. Petersburg Times article February 28, 2005 The Schindlers file a number of motions with Judge Greer, addressing a range of issues. They also indicate that they will appeal the judge's decision of February 25, 2005. Judge Greer denies some of the motions but agreed to set a hearing date to consider others. St. Petersburg Times article March 7, 2005 The Schindlers appeal Judge Greer's February 25, 2005 order to the 2nd DCA. Bioethicists from six Florida universities submit an analysis of H701. Bioethicists' analysis March 8, 2005 U.S. Rep. David Weldon (R.-Fla.) introduces in the United States House of Representatives H.R. 1151, titled the Incapactitated Persons' Legal Protection Act. The bill would permit a federal court to review the Schiavo matter through a habeas corpus lawsuit. H.R. 1151 March 9, 2005 The Florida House Health Care Regulation Committee considers H.701, voting to approve a Council/Committee Substitute 701 instead of the original version. Council/Committee Substitute 701 March 10, 2005 Judge Greer issues order denying Florida's Department of Children and Families the right to intervene in the guardianship case. March 14, 2005 The Judiciary Committee in the Florida House considers H.701, voting to approve another Committee substitute for the original bill. The Sun-Sentinel reports that the House and the Senate have agreed that this bill will come to a vote. Second Committee Substitute 701 March 15, 2005 The Florida House Health & Families Council considers and approves the second committee substitute H.701. The Florida Senate Judiciary Committee passes S.804, providing that medically supplied nutrition and hydration cannot be “suspended from” a person in a PVS if: (1) the purpose of the suspension is “solely to end the life of” a person in a PVS; (2) a conflict exists on the issue of suspension of medically supplied nutrition and hydration among the persons who could be proxy decisionmakers for that person under Florida law; and (3) the person in the PVS had not executed a written advance directive or designated a health care surrogate. Senate Bill 804 March 16, 2005 The 2d DCA affirms Judge Greer’s orders and refuses to stay the scheduled March 18 withdrawal of the PEG tube. 2d DCA Opinion The U.S. House of Representatives, by voice vote, passes H.R. 1332, the Protection of Incapacitated Persons Act of 2005. This bill would amend federal law to provide for removal of certain cases to federal court from state court, rather than authorizing use of the federal habeas corpus remedy to obtain federal court review, as H.R. 1151 would have. H.R. 1332 March 17, 2005 The Florida House of Representatives approves H.701, after some amendments. House-Engrossed H.701 The Florida Senate votes down S.804. History of S.804 Florida’s Department of Children and Families (DCF) petitions the Florida Supreme Court for relief, and the Florida Supreme Court denies the petition. DCF All Writs Petition Florida Supreme Court order The U.S. Senate passes a “private bill” applying to the Schiavo case but differing from H.R. 1332. The U.S. Senate website, at www.senate.gov, explains a “private bill” as follows: “A private bill provides benefits to specified individuals (including corporate bodies). Individuals sometimes request relief through private legislation when administrative or legal remedies are exhausted. Many private bills deal with immigration–granting citizenship or permanent residency. Private bills may also be introduced for individuals who have claims again the government, veterans benefits claims, claims for military decorations, or taxation problems. The title of a private bill usually begins with the phrase, "For the relief of. . . ." If a private bill is passed in identical form by both houses of Congress and is signed by the President, it becomes a private law.” U.S. Senate Bill 653 ES Orlando Sentinel article The Schindlers ask the U.S. Supreme Court to hear the case, but the U.S. Supreme Court denies their petition. Schindlers’ Petition to U.S. Supreme Court U.S. Supreme Court Denial March 18, 2005 The U.S. House of Representatives Committee on Government Reform issues five subpoenas: one commanding Michael Schiavo to appear before it and bring with him the “hydration and nutrition equipment” in working order; three commanding physicians and other personnel at the hospice to do the same; and one commanding Terri Schiavo to appear before it. The subpoenas would require that the PEG tube remain in working order until at least the date of testimony, March 25, 2005. The subpoenas are included as appendices to the U.S. House All Writs Petition (see just below). The Committee on Government Reform also moves to intervene in the guardianship litigation before Judge Greer and asks Judge Greer to stay his order requiring removal of the PEG tube. Judge Greer denies the motions. U.S. House Motion to Intervene U.S. House Motion for Stay The Committee on Government Reform files an emergency all-writs petition with the Florida Supreme Court, effectively seeking reversal of Judge Greer’s denial of its motions. The Florida Supreme Court denies this petition. U.S. House All Writs Petition The House Committee on Government Reform asks the U.S. Supreme Court to review the Florida Supreme Court’s denial of its petition. Justice Kennedy, acting for the Court, denies the application for relief. U.S. Supreme Court Docket, Case No. SC05-449 The PEG tube is removed in mid-afternoon. This is the third time the tube has been removed in accordance with court orders. The Schindlers, as “next friends” of their daughter, file a petition for writ of habeas corpus in federal district court in the Middle District of Florida. That court dismisses the case for lack of jurisdiction and refuses to issue a temporary restraining order because “there is not a substantial likelihood that [the Schindlers] will prevail on their federal constitutional claims.” Schindlers' Habeas Corpus Petition U.S. House Speaker Tom DeLay and other Republican House members discuss the Schiavo case. DeLay on Schiavo via C-Span March 19-20, 2005 The U.S. Senate delays its Easter recess and works on Saturday to reach a compromise with the House on a bill, S.686, closely resembling the special bill it passed on March 17. On Palm Sunday (which holiday is frequently noted in debate), it then passes S.686 and the U.S. House of Representatives returns from Easter recess for a special session to debate S.686. U.S. Senate Compromise Bill S.686 March 20, 2005 House Republicans hold news conference. Video via C-Span House Democrats hold news conference. Video via C-Span March 21, 2005 Shortly past 12:30 a.m., the U.S. House of Representatives votes 203-58 to suspend its rules and pass S.686. Congressional Debate on S.686 Roll call vote on S.686 President Bush signs S.686 at 1:11 a.m. Federal District Court Judge James D. Whittemore, Middle District of Florida (in Tampa), hears arguments on the Schindlers' motion that he order re-insertion of the PEG tube while the lawsuit they will assert pursuant to S.686 is litigated. Motion for Injunction Response to Motion for Injunction Government's Statement of Interest March 22, 2005 Federal District Court Judge Whittemore refuses to order re-insertion of the PEG tube. Federal Court Order The Schindlers appeal Judge Whittemore’s decision to the U.S. Court of Appeals for the Eleventh Circuit. Schindlers’ 11th Circuit Appeal Schindlers' Appeal Exhibits Michael Schiavo’s Response Government’s Statement of Interest The Schindlers file an amended complaint in the federal district court, adding a number of new claims. Amended Complaint A look at Capitol Hill politics in Schiavo case. NPR "Morning Edition" broadcast March 23, 2005 The U.S. Eleventh Circuit Court of Appeals, in a 2-1 vote, denies the Schindlers' appeal. 11th Circuit Opinion United States Eleventh Circuit Court of Appeals, acting en banc (as a whole), refuses to rehear the Schindlers’ appeal, leaving intact the court’s ruling earlier in the day. En Banc Rehearing Denial House Democrats and Republicans hold news conferences. Video via C-Span The Florida Senate, by a vote of 21-18, again refuses to pass S.804. This bill was approved by the Senate Judiciary Committee on March 15, 2005. Senate Bill 804 History of S.804 Florida Governor Jeb Bush reports that a neurologist, Dr. William Cheshire, claims that Ms. Schiavo is not in a persistent vegetative state. The governor asks the Florida Department of Children and Families (DCF) to obtain custody of Ms. Schiavo in light of allegations of abuse. Judge Greer holds a hearing on the matter. DCF Motion to Intervene Dr. Cheshire's Affidavit The Schindlers file a petition for writ of certiorari with the U.S. Supreme Court. Schindlers’ Supreme Court Petition Respondents’ Brief Judge Greer issues a restraining order prohibiting DCF from removing Ms. Schiavo from the hospice or otherwise re-inserting the PEG tube. The Schindlers ask again for a restraining order in federal court. Second Motion for Restraining Order Memorandum in Support of Motion Five members of the U.S. House of Representatives ask the U.S. Supreme Court to file a “friend of the court” brief. U.S. Supreme Court Docket, Case No. 04A825 March 24, 2005 The U.S. Supreme Court refuses to hear the Schindlers’ case. U.S. Supreme Court Order The Schindlers file a Second Amended Complaint, adding several claims, in the federal court case. Count X, titled “Right to Life,” alleges a violation of the Fourteenth Amendment’s right to life because removing the PEG tube is “contrary to [Ms. Schiavo’s] wish to live.” Second Amended Complaint The trial court (Judge Whittemore) schedules a hearing for 6 p.m. and orders supplemental briefs on Count X. Whittemore Order Judge Greer denies DCF’s motion to intervene. DCF appeals Judge Greer’s order. Judge Greer vacates the automatic stay upon appeal. The 2d District Court of Appeal refuses to reinstate the stay. The Florida Supreme Court dismisses a motion on this matter because it “fails to invoke” the court’s jurisdiction. DCF Motion in Florida Supreme Court (describing events) Exhibits to Motion Florida Supreme Court Order March 25, 2005 Judge Whittemore denies the Schindlers’ second motion for an order re-inserting the PEG tube. District Court 2d TRO Order The Schindlers appeal Judge Whittemore’s order to the U.S. Court of Appeals for the Eleventh Circuit. The Eleventh Circuit affirms. The Schindlers announce that they will pursue no more federal appeals. Schindlers’ Brief Responsive Brief Second Eleventh Circuit Opinion The Schindlers file an emergency motion attempting to convince Judge Greer to reinsert the PEG, at least temporarily until the Eleventh Circuit decides their appeal. The motion contends her family heard her try to verbalize "I want to live," according to news reports. DCF appeals Judge Greer's March 23 denial of its first motion to intervene to the 2d DCA. DCF Appeal March 26, 2005 Judge Greer denies the Schindlers' motion of March 25, 2005. Judge Greer's Order The Schindlers appeal to the Florida Supreme Court to reverse Judge Greer's refusal to reinsert the PEG tube, but the Florida Supreme Court refuses to do so, citing a lack of jurisdiction. Schindlers' Petition Florida Supreme Court Order News agencies report the arrest on March 25 of Richard Alan Meywes of Fairview, N.C., for offering $250,000 for the killing of Michael Schiavo and another $50,000 for the death of Judge Greer. CNN Report The Schindlers advise supporters demonstrating around the hospice to return home to spend the Easter holiday with their families. March 27, 2005 In an interview on CNN, Governor Bush says: "I cannot violate a court order. I don't have power from the U.S. Constitution, or the Florida constitution for that mater, that would allow me to intervene after a decision has been made." CNN Report Last updated 27-Mar-2005 Since then two more Federal appeals were denied. http://www.miami.edu/ethics2/schiavo/timeline.htm (has links to the actual court documents)
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save the cheerleader - save the world
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#328
03-31-2005, 10:03 AM
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At least now...
my Mother is no longer the newest Angel on the block
 R.I.P. Terry, You're finally free 
__________________
"To acknowledge death is to accept freedom and responsibility."
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#329
03-31-2005, 10:10 AM
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May God put her soul at ease
 This is just a sad, sad thing with no winners at all. I hope the husband can live with his decisions and I hope her family can come to terms with it. This is just awful and my heart is broken for this poor woman and all like her. I truly hope the doctors were correct and she had no clue what was going on. I cannnot stress strongly enough the importance of putting your intentions in writing. It does not matter your age or any thoughts of it could never happen to you. You never know. If this ordeal taught us anything, it is that it is unnecessary to put your loved ones through this legal bickering.
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save the cheerleader - save the world
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#330
03-31-2005, 10:17 AM
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I have to agree...
Quote:
__________________
"To acknowledge death is to accept freedom and responsibility."
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