You forgot to include my mention of the "Check that" and the comment by the dissenting Judge. I do not believe he is operating outside the law. He understands that there is a federal law on the books calling for a new hearing on the evidence instead of a rehash of the eviodence presented (allowed) in Greer's court. It would not be activist to act upon that law would it?
My wording may not have been perfect, but my intent was clear, and I added a section in the original comments that makes that clear which you chose not to quote. Thanks for giving me the opportunity to state the issue again.