Schindler v. Schiavo, Florida Second District Court of Appeal, March 16, 2005 [denying a request by Terri Schiavo's parents to delay removal of her feeding tube while they pursue further appeals, and also denying a request for a new trial]. Excerpt:
For those of us who are not trained physicians and who do not deal on a daily basis with patients in vegetative states, or with the difficult decision to remove lifesustaining treatment, the images of Mrs. Schiavo's face are haunting. But the images do not reveal the full extent of the devastation to her brain and her inability to engage in cognition. Dr. Wolfson, the guardian who was appointed at the request of the Governor, visited Mrs. Schiavo many times in 2003. He was unable to independently observe any "consistent, repetitive, intentional, reproducible interactive and aware activities." His report does not challenge the now well-established medical diagnosis that Mrs. Schiavo's movements are merely reflexive. As he explained: "This is the confusing thing for the lay person about persistent vegetative states."…
We are well aware that many people around the world disagree with the trial court's decision. However, when he became a judge, the trial court judge took an oath, required by the Florida Constitution, to obey the rule of law and the constitution of this state. The trial judge followed and obeyed the law as set out by the precedent of the Supreme Court of Florida and by the general laws adopted by the Legislature. The trial judge made this most difficult decision after fully considering the evidence and applying a heightened standard of proof that is designed to protect society's interest in sustaining life.
Read the full text of the opinion [PDF]. Reported in JURIST's Paper Chase here. Reported in JURIST's Paper Chase here.