Reports that the 11th circuit agreed to hear Schindler appeal are wrong

[Jersey Devil]

All the 11th Circuit has done is to allow them to file a late appeal. They have yet to decide whether to actually hear the appeal en banc.

"The appeals court granted Gibbs' request late Tuesday to file the new petition despite having set a deadline of last Saturday morning for any such appeals. Gibbs said in his filing that the new issues were the result of "further research, reflection and consultation" since the same court rejected his petition last week.

While allowing the late filing, the court has not ruled on whether it will consider the new appeal."

http://www.cnn.com/2005/LAW/03/30/schiavo/index.html

Reports last night and some this morning that the court has agreed to hear the appeal are way off base.

[drdon326]

1. One would think that if they are allowed to appeal,

they might hear the appeal.

[Jersey Devil]

2. Yes, they "might", but it was reported widely that they actually took the

case and had agreed to hear the appeal before the entire 11th Circuit. That is totally wrong.

[CTyankee]

3. why would they agree to hear it?

I suspect they might be more than a little willing to hear "new" information that could change the feeding tube outcome.

[bowens43]

4. There is no new information.

It's the same nonsense that has been heard again and again.

[notadmblnd]

8. They're spouting on Faux and Fiends again

that she actually ate and swallowed in 97. Her husband's been injecting her with insulin. A nurse said she found an empty insulin bottle in the trash in Terris room after her husband left. In other words, total crap.

[bowens43]

12. Same old crap.

The insulin charge was investigated and found to be baseless.

[Jersey Devil]

5. I am not saying that they will hear it, only that reports that they

already agreed to do so are wrong.

IMO there is nothing new that would cause them to decide to hear the case.

[China_cat]

9. Or they might agree to

consider the petition and wait to hand down a ruling until it's too late to do anything just to try to abate the threatened violence.

[H2O Man]

11. You are correct.

They have agreed to consider the petition. They have not agreed to "hear" (meaning re-try) the case itself. The news reports are in fact accurate.

[notadmblnd]

6. OK, so is Gibbs being paid off or blackmailed?

I've become so cynical the past few years.

[Jersey Devil]

7. Maybe both and a 3rd possibility

1 - He will not be paid by the real sponsors of the litigation if he doesn't take one more stab at it.

2 - He will be overpaid by the real sponsors of the litigation for taking one more stab at it.

3 - The Bush Admin "got to" some of the wingnut judges on the 11th Circuit who previously refused to take the case.

[mondo joe]

13. 4th Possibility: The spirit of Johnny Cochran, having fled

hod own body, wandered into Gibbs and is compelling him to make one more crazy lame ass effort.

[Window]

10. What a mess.

When I woke up at 2:00 AM, EST, They had "Breaking News" flashing across the screen and the newscasters were so excited, I thought they had reinserted the damned tube. Please.

[Animy44]

14. Don't understand. What's the difference?

Chances of success?