Federal Appeals Court Ok Shiavo
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A federal appeals court in PINELLAS PARK, Fla.agreed to consider an emergency bid by Terri Schiavos parents for a new hearing on whether to reconnect her feeding tube, raising their fading hopes of keeping the severely brain-damaged woman alive. “Well keep fighting,” her father said.
In its order late Tuesday, the 11th U.S. Circuit Court of Appeals didnt say when it would decide whether to grant the hearing. It was not clear what effect reconnecting Terri Schiavos feeding tube would have on her, as she approached her 13th day without nourishment. As of early Wednesday afternoon, no further word had come from the appeals court.
The order issued Tuesday allowed Bob and Mary Schindler to file the appeal, even though the court had set a March 26 deadline for doing so.
Its one-sentence order said: “The Appellants emergency motion for leave to file out of time is granted.” Three times last week, the court ruled against the Schindlers.
The Schindlers visited their daughter Wednesday morning at her hospice and urged their supporters to keep trying. “I was pleasantly surprised by what I saw,” Bob Schindler said. “So shes still fighting, and well keep fighting.”
“We know that some of her organs are still functioning. Its not too late,” he said.
In requesting a new hearing, the Schindlers argued that a federal judge in Tampa should have considered the entire state court record and not whether previous Florida court rulings met legal standards under state law. The Schindlers motion also said the federal appellate court in Atlanta didnt consider whether there was enough “clear and convincing” evidence that Terri Schiavo would have chosen to die in her current condition.
“Were going to do everything we can. Shes still alive,” her brother, Bobby Schindler, said Wednesday.
Attorneys for the Schindlers didnt immediately return calls seeking comment Wednesday. George Felos, Michael Schiavos attorney, declined to comment.
Time was running out for Schiavo. Bob Schindler described his daughter on Tuesday as “failing.”
“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.”
Doctors have said Schiavo, 41, would probably die within two weeks after the tube was removed March 18. Her husband, Michael Schiavo, insists he is carrying out her wishes by having the feeding tube pulled.
The request for a new hearing asks that the tube be reinserted immediately “in light of the magnitude of what is at stake and the urgency of the action required.”
The order was a ray of hope for the Schindlers, who are battling their son-in-law over their daughters fate. The case has wound its way through six courts for seven years; the U.S. Supreme Court declined to intervene five times.
Legal experts say the Schindlers shouldnt read too much into the courts latest decision.
“I would not read that to mean there is a likelihood relief will be granted,” said Atlanta attorney Craig Gillen.
Another Atlanta attorney, Robert Schroeder, said the court is simply acting to make sure every argument has been aired.
“Basically the court is just saying that if you think weve made a mistake, we want to consider all legal arguments that might be out there,”