March 30, 2005

11th Circuit to consider Schindler's request on Schiavo

We've awakened this morning to news that the 11th Circuit Court here in Atlanta has decided to hear an emergency motion from Bob and Mary Schindler, parents of Terri Schiavo.

This makes the third time the Schindlers have appealed to the 11th Circuit, but it gives them hope that their daughter would receive a reprive.

The 11th U.S. Circuit Court of Appeals in Atlanta issued a written order without comment late Tuesday allowing Bob and Mary Schindler to file the appeal, even though the court had set a March 26 deadline for doing so.

In a one-sentence order, the court said: "The Appellant's emergency motion for leave to file out of time is granted."

The court didn't say when it would decide whether to grant a hearing. Last week, it twice ruled against the Schindlers, who are trying to keep their daughter alive.

In requesting a new hearing, the Schindlers argued that a federal judge in Tampa should have considered the entire state court record and not just the procedural history when he ruled against the parents.

The clock continues to tick for the brain-damaged Terri Schiavo, who is now in her 12th day without nourishment or water.
(More coverage from Wizbang, Blogs For Terri, OTB & others)

Posted by mhking at March 30, 2005 07:23 AM
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