There are now four end-of-life cases pending in the Minnesota Courts.
1. Can a guardian consent to withholding or withdrawing life-sustaining treatment? In re Tschumy, No. 27-GC-PR-07-496 (Hennepin Cty. Dist. Ct. Oct. 18, 2012) (ruling guardian lacks authority to consent), on appeal No. A12-2179 (Minn. filed Oct. 2012) (now briefing threshold jurisdiction question).
2. Is the prohibition of "encouraging" suicide unconstitutional under the 1st Amendment? State v. Melchert-Dinkel, No. No. 66-CR-10-1193 (Rice Cty. Dist. Ct. May 2011) (conviction), aff’d, No. A11-0987, 816 N.W.2d 703 (Minn. App. July 17, 2012), on appeal No. A11-0987 (PFR granted Oct. 16, 2012) (App. brief filed Dec. 20, 2012; Resp. brief due Feb. 25, 2013).
3. Is the prohibition of "advising" suicide unconstitutional under the 1st Amendment? State v. Final Exit Network (Dakota Cty. Dec. 18, 2012) (omnibus motion hearing) (forthcoming order will probably be appealed).
4. Does the implementation of a patient's advance directive break proximate causation between a criminal injurer and the patient's death? State v. Eddie Cortez Smith, No. 62-CR-10-4146 (Ramsey Cty. Dist. Ct. June 2011) (conviction), aff’d No. A11–1687 (Minn. App. Sept. 4, 2012), on appeal No A11-1687 (Minn. PFR granted Nov. 20, 2012) (App. brief filed Dec.20, 2012; Resp. brief filed Jan. 23, 2012).
1 comment:
I've probably asked this before, but could you give me a concise definition for "end of life" that covers all of these cases? Numbers 1 and 4 are pretty standard - involving guardianship in the first (although some cases in other states have involved withholding treatment from people under guardianship expected to recover) in number 1 and ramifications of advance directives in number 4.
In number 2, in which you used scare quotes around 'encouraging', a man was accused of having a hobby of sorts - assuming a different identity, seeking out suicidal young people, and yes - encouraging them to commit suicide, even advising means.
Number 3 involves the Final Exit Network - which facilitates the suicides of nonterminally ill people and even cleans up the death scene to make it look like a natural death. At least one of the defendants - Lawrence Egbert - admitted in an interview that he often supplies used plastic bags for suicides to save 'clients' the expense.
What single concise definition of 'end of life' covers all of these situations? Is it expansive enough to cover the decision of a death row inmate to halt appeals on her behalf?
I'm genuinely fascinated - is there some sort of logic in terms of what gets deemed 'end of life' and what gets called 'something else/?
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