An Accomack County Circuit Court Judge has granted Abraham Cherrix and his family want amounts to a temporary victory:
ACCOMAC, Va., July 25, 2006 ? An Eastern Shore teenager with cancer does not have to report to a Norfolk hospital today for treatment.
That’s the ruling this afternoon by an Accomack County Circuit Court judge, after a lawyer for 16-year-old Starchild Abraham Cherrix appealed an earlier ruling by a juvenile court judge.
Judge Glen Tyler said Abraham and his parents will get a new trial in Circuit Court as soon as possible. A trial date was to be set.
The judge also returned full custody of Abraham to his parents.
That ruling suspends an order by the juvenile court judge that required Abraham’s parents to share custody with the county’s Department of Social Services.
In essence, Judge Taylor has overturned all of the egregious aspects of Judge Demps’ ruling and given the Cherrix family another chance to have their day in Court. Hopefully, things will turn out better this time.
?I applaud the Circuit Court?s action in ordering a stay of the lower court order that Abraham Cherrix must receive chemotherapy beginning today. As our amicus brief noted, all citizens are entitled to the right to appeal a district court case, and to have their cases heard anew in the circuit court. That is why we filed our amicus brief. It would have been a violation of Abraham Cherrix?s due process rights if the lower court order had been implemented prior to an appeal. The interests of justice required that a stay be granted. Our thoughts and concerns are with Abraham and his family as they continue their battle against cancer.?
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