The 11th U.S. Circuit Court of Appeals: "The Appellant's emergency motion for leave to file out of time is granted."
Entering her thirteenth day without nourishment, late Tuesday Terri Schiavo's family received their first positive legal news since the U.S. Congress took up her case in an emergency session ten days ago.
The Circuit Court didn't say when it would decide whether to grant the hearing, and it was not clear what effect reconnecting Schiavo's feeding tube would have on her at this late date. Schiavo's father Bob Schindler described his daughter as "failing" on Tuesday. "She still looks pretty darn good under the circumstances. You can see the impact of no food and water for 12 days. Her bodily functions are still working. We still have her."
Mary Schindler, Schiavo's mother, made this appeal to Michael Schiavo: "Michael and Jodi, you have your own children. Please, please give my child back to me."
- In requesting a new hearing, the Schindlers argued that a federal judge in Tampa should have considered the entire state court record and not whether previous Florida court rulings met legal standards under state law. It also stated that the Atlanta federal appellate court didn't consider whether there was enough "clear and convincing" evidence that Terri Schiavo would have chosen to die in her current condition.
...The request for a new hearing also asks to have the tube reinserted immediately "in light of the magnitude of what is at stake and the urgency of the action required."
...Their attorneys raised the issue of the new request after a Saturday deadline set by the court, saying they have had more time to research the issues and have become convinced that the federal court in Tampa had "committed plain error when it reviewed only the state court case and outcome history."