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Schiavo: Judge's decision follows My analysis of "doomed case".

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Inland Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 02:45 PM
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Schiavo: Judge's decision follows My analysis of "doomed case".
Judge's decision on preliminary relief
http://news.findlaw.com/hdocs/docs/schiavo/32205fjord.pdf
reflected analysis in my thread

"Giving Schiavo a "habeas corpus" review doomed to failure."
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=103x114488

The judge simply looked to see if there were any federal rights implicated. Turns out, as death row inmates know, there aren't all that many federal rights, and people who have trials and appeals in state court find that the vague requirmenst of the 14th amendment are usually satisfied.

In ruling, the judge said there was no substantial probability that the Shindler parents could prevail at trial. Here's some of the quotes:

"Defendant is correct that no federal constitutional right is implicated when a judge merely grants relief to a litigant in accordance with law he is sworn to uphold and follow"

"The court finds no authority as a matter of federal constitutional or statutory right that a state trial judge is required to 'personally assess'a ward's 'level of cognition'"

"Based on the three factors, this Court finds Terri Schiavo's life and liberty interests were adequately protected by the extensive process in the state courts".

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