Your mind ticks a little faster than mine. He certainly should have been precluded from arguing her desire to die after arguing his intent to care for her. The question is can the judge consider evidence from another case? I'm not a lawyer.
Certainly. It is all on the record and could/should have been developed in pretrial depositions and interrogatories. That is why I have a very, very difficult time understanding the judge's rulings and his steadfast refusal to appoint another guardian. This inconsistency, coupled with HINO's obviously conflicted living situation and his actions immediately after the award of malpractice damages (Refusal of therapy, medical treatment for infections, basic dental care, movement to a nursing home at much lower cost, etc.) would almost demand that the judge appoint someone else.
In this matter the judges first AND ONLY obligation is to the welfare of the subject, Terri. In this regard he has failed miserably and appears to have instead unreasonably favored HINO. IMO it is not just a case of simple incompetence - It is far too flagrant for it to be explained that easily.