Fosmire v. Nicoleau

I am in complete agreement with my colleagues that the ex parte order issued by the Supreme Court must be vacated since it was issued without notice to or an opportunity to be heard by Mrs. Nicoleau or her representatives. As the Presiding Justice has stated, "a court in addressing an application to administer blood transfusions has *17a responsibility to undertake the delicate and sensitive task of balancing the express wishes of the patient with the identified competing State interests and should do so only after conducting the most extensive inquiry possible under the circumstances” (majority…