Tuesday, March 22, 2005
Via Instapundit, BillHobbs.com has a good editorial on the Schiavo case and suggest the following:
Here is what I would like to see happen in the aftermath of this sad, tragic, horrible case: I would like to see Congress pass, and the President sign, a law that says if any person who has no living will comes to be in a position where a living will would be helpful, any decision in a squabble or dispute over her care must err on the side of maintaining life, and hearsay evidence such as that offered by Michael Schiavo would not be admissible.
At least in Florida, there is no need for Congress to pass anything as this is already the law:
In Browning, we stated:

In making this difficult decision, a surrogate decisionmaker should err on the side of life. . . . In cases of doubt, we must assume that a patient would choose to defend life in exercising his or her right of privacy.

In re Guardianship of Browning, 543 So.2d at 273. We reconfirm today that a court's default position must favor life.
In re Schiavo, 780 So.2d 176, 179 (Fl. Ct. App. 2001).

This goes to a larger issue, people seem to think that the standard of proof the husband had to meet was the ordinary preponderance of the evidence standard in ordinary civil cases. This is not so:
Finally, the Schindlers argue that the testimony, which was conflicting, was insufficient to support the trial court's decision by clear and convincing evidence. We have reviewed that testimony and conclude that the trial court had sufficient evidence to make this decision. The clear and convincing standard of proof, while very high, permits a decision in the face of inconsistent or conflicting evidence.
. . . .
After due consideration, we conclude that the trial judge had clear and convincing evidence to answer this question as he did.
Id. at 179-80.

So this wasn't simply a case where the evidence the husband presented was just slightly more convincing than was the parents' evidence. To the contrary it was "clear and convincing," and had to overcome the presumption of life. And as noted in my prior post on this below - the appellate court even looked at the evidence de novo and concluded they would have ruled the same way as Judge Greer. So all the arguments about Judge Greer being biased, or having connections to the Hospice are sheer nonsense.
Take Me Back Home

About Me 
My Photo
Location: Chicago, Illinois, United States

I am an attorney in Chicago. Politically speaking, I am an indepedent that tends to lean conservative on fiscal issues and progressive on social issues. I try to remain as unbiased and open-minded as possible. Please email or post any comments, and especially criticisms. If something I say is wrong, or you disagree - let me know about it!

Email Me Your Comments

Site Feed


Technorati Profile
Technorati search


|| Powered by Blogger

Blog Design by:

Weblog Commenting and Trackback by HaloScan.com

Creative Commons License
This work is licensed under a Creative Commons License.

The views expressed on this website are solely those of the author, and do not necessarily represent the views of his employer or any other organization or person.

Nothing in this weblog is intended as legal advice, nor should anything contained in this weblog be construed as legal advice.

This is a forum for personal views and opinions. Accessing this website is not a consultation for legal advice or services and nothing contained in this weblog creates an attorney-client relationship nor should it be construed as creating an attorney-client relationship.

The Ecosystem 

Some Rights Reserved - ArmchairGenius.com - Copyright ©2005