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DCA Says No, Lawmakers Prepare to Save Schiavo

Miami Herald - Lawmakers in Tallahassee and Washington struggled Wednesday to reach agreement on a way to prolong Terri Schiavo's life, even as her parents lost a key round in court and vowed to appeal to the U.S. Supreme Court.

In Washington, the House suspended its rules late Wednesday night to speed passage of a bill that would allow Schiavo's parents to have their daughter's case removed from state court for review by a federal court. The legislation, if approved by the Senate and signed by President Bush, could delay Friday's scheduled removal of the feeding tube.

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But in Lakeland, a state appeals court on Wednesday upheld a lower court ruling that found Schiavo would want to be removed from the feeding tube, ruling that Pinellas Circuit Judge George Greer, while making an agonizing decision, adhered to Florida law.

The appeals court also denied a motion by the state Department of Children and Families to delay the removal of the tube, but Greer scheduled a hearing for today on another DCF petition for a stay.

Empire Journal - As Florida legislators compromised on a bill aimed at saving the life of Terri Schindler-Schiavo, the Second District Court of Appeals in Lakeland refused to grant a stay in the death order issued by Sixth Circuit Court Judge George W. Greer.

As the clock ticks away towards the execution time of 1 p.m. Friday, legislators are ready to vote Friday on proposed legislation that would prevent caregivers of a person in a persistent vegetative state as Greer has ruled that Terri is in from withholding food and water in the absence of a written advance directive.

Reports indicate that legal counsel for Gov. Jeb Bush helped members of the Florida Senate and House reach an agreement on the proposed legislation. If approved by both Houses on Friday, the Governor is said to be poised to sign the bill into law which will become effective immediately and literally grant Terri a pardon from the death sentence imposed by Greer.

On Wednesday, in a 10-page opinion written by Chief Justice Chris Altenbernd and joined by Judges Carolyn Fulmer and Douglas Wallace, the DCA said that the trial court judge (Greer) “took an oath required by the Florida Constitution to obey the rule of law and Constitution of the state”.

In refusing to grant a stay of Greer’s death order, originally issued on Feb. 11, 2000, the DCA said that “it is beyond any question that the trial curt obtained lawful jurisdiction over the subject matter of this guardianship and person of Mrs. Schiavo”.

“The trial judge followed and obeyed the laws set out by precedent of the Supreme Court of Florida and by the general laws adopted by the Legislature”, the DCA said.

However, based on an investigation conducted by The Empire Journal , Pinellas County Probate Judge George Greer has NEVER had jurisdiction of the case as he failed to comply with Florida Statutes and the Florida Constitution by failing to qualify for office in 1998 and 2004 and possibly as early as 1992. According to public records, George Greer not only failed to qualify for office in a timely manner, but he failed to file the proper documentation as well as the proper oath of office.

Source: BlogsforTerri

Posted by tim at March 17, 2005 5:44 AM

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