March 30, 2005
This makes the third time the Schindlers have appealed to the 11th Circuit, but it gives them hope that their daughter would receive a reprive.
The 11th U.S. Circuit Court of Appeals in Atlanta issued a written order without comment late Tuesday allowing Bob and Mary Schindler to file the appeal, even though the court had set a March 26 deadline for doing so.The clock continues to tick for the brain-damaged Terri Schiavo, who is now in her 12th day without nourishment or water.
In a one-sentence order, the court said: "The Appellant's emergency motion for leave to file out of time is granted."
The court didn't say when it would decide whether to grant a hearing. Last week, it twice ruled against the Schindlers, who are trying to keep their daughter alive.
In requesting a new hearing, the Schindlers argued that a federal judge in Tampa should have considered the entire state court record and not just the procedural history when he ruled against the parents.
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