RSSFinally, Terri’s Parents Get a Win
AP reports: A federal appeals court early Wednesday agreed to consider a petition for a new hearing on whether to reconnect Terri Schiavo’s feeding tube. After so many Court denial Terri Schiavo’s family finally received a Court victory; however, it could be too late.
The ruling by the 11th Circuit Court of Appeals came as the severely brain-damaged woman entered her 13th day without nourishment.
This gives the family some hope, but time is of the essence.
More details on the decision here.
In seeking a new hearing late Tuesday, attorneys for Schiavo’s parents argued that the District Court “committed plain error when it reviewed only the state court case and outcome history.”
Now, the court will consider the request for a new hearing based on the facts of the case, rather than whether previous Florida court rulings have met legal standards under state law.
There was no time frame for the court to consider the motion, but the Schindler’s attorneys asked to have the tube reinserted immediately “in light of the magnitude of what is at stake and the urgency of the action required.”
Hmm … “Now, the court will consider the request for a new hearing based on the facts of the case”. What a novel concept, isn’t this what was supposed to occur when th US Congress got involved and sent the case back to the Federal Judge, James D. Whittemore to review the facts of the case and not just review by the law and rulings that had preceded him?
OTB and Wizbang provides more daily news regarding Terri.
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Yes, that is exactly what was supposed to happen. A review de novo of her Due Process rights under the 14th Amendment. Instead, Judge Whittemore based his decision on the prior proceedings and assumed arguendo that Judge Greer’s decisions were correct and absent any error, he would be under no obligation to rehear them.