Appeals court again declines to intervene in Schiavo case
The court, the 11th U.S. Circuit Court of Appeals in Atlanta, had temporarily provided Schiavo supporters a reason for optimism.
Schiavo's parents received a legal victory just after midnight March 30, when the court announced it would allow another emergency appeal to be filed that could save the 41-year-old woman's life. But upon reviewing the petition, the court announced during the afternoon that it would not intervene in the case.
Schiavo has been without nutrition and hydration since March 18 and could die at any time, doctors say.
The petition before the appeals court, submitted by attorney David Gibbs, had said federal judges who previously rejected requests to have Schiavo's feeding tube reinserted violated a Supreme Court precedent requiring them to consider the full record of the case, not just the procedural history from the state court, according to CNN.com.
In the petition, Gibbs said he could prove to the federal court that "the 'evidence' supporting Terri's alleged wishes is not credible, and that a reasonable fact finder would hold -- under any standard of proof -- that her wishes were to the contrary."
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TALLAHASSEE, Fla. (BP)--Florida Gov. Jeb Bush ordered Terri Schiavo's feeding tube re-inserted Oct. 21, capping a busy political day in which both chambers of the state legislature passed bills giving Bush the right to do so.
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