Back to the source--UPDATED
More on Terri Schiavo for those who are wondering what started this legal mess:
It should be noted that Michael was not the only one to offer testimony that amounted to "clear and convincing" in Judge Greer's eyes. There was also Terri's brother in law and sister in law--not that THAT little factoid totally removes suspicion.
The decision by Judge Greer also allows for a conflict of interest on BOTH sides of the case, although he really only uses it to dismiss Michael as a stand-alone witness. Indeed, the Judge's claim of a financial conflict of interest with regards to Terri's parents is essentially an aside, just to present the fact that there would be a financial aspect to them gaining guardianship of Terri--not that such a result is in any way, shape or form a guiding interest in the Schindler's attempts to keep Terri alive.
Ultimately, both Judge Greer AND an appellate court decided the evidence was clear and convincing (in legal terms).
And it should be noted that legal precedent in Florida clearly states that a court's default position should be in favor of life.
Go here for a look at the appellate court's affirmation of Judge Greer's decision to remove Terri's tubes.
UPDATED: Mrs Schindler hit on something yesterday that has left me puzzled, too: why hasn't the FL legislature gone back and taken another attempt at "Terri's Law". Obviously not the same law--something more judicially friendly that also accomplishes the same goal.
It should be noted that Michael was not the only one to offer testimony that amounted to "clear and convincing" in Judge Greer's eyes. There was also Terri's brother in law and sister in law--not that THAT little factoid totally removes suspicion.
The decision by Judge Greer also allows for a conflict of interest on BOTH sides of the case, although he really only uses it to dismiss Michael as a stand-alone witness. Indeed, the Judge's claim of a financial conflict of interest with regards to Terri's parents is essentially an aside, just to present the fact that there would be a financial aspect to them gaining guardianship of Terri--not that such a result is in any way, shape or form a guiding interest in the Schindler's attempts to keep Terri alive.
Ultimately, both Judge Greer AND an appellate court decided the evidence was clear and convincing (in legal terms).
And it should be noted that legal precedent in Florida clearly states that a court's default position should be in favor of life.
Go here for a look at the appellate court's affirmation of Judge Greer's decision to remove Terri's tubes.
UPDATED: Mrs Schindler hit on something yesterday that has left me puzzled, too: why hasn't the FL legislature gone back and taken another attempt at "Terri's Law". Obviously not the same law--something more judicially friendly that also accomplishes the same goal.
0 Comments:
Post a Comment
<< Home