After reading Judge Whitmore's decision, I truly believe the person who failed here is the Schindler's attorney. Why didn't he introduce new evidence at the hearing. Whitmore even comments on that fact. For example, everyone has complained that Judge Greer never met with Terri. Couldn't Gibbs have called her as a witness? It may have failed, but it would have at least raised the issue a bit more.
I don't think he thought about it because he was under the impression that there was going to be a new trial based on the new law.
He was operating under just getting the injunction so the tube could be replaced.
"For example, everyone has complained that Judge Greer never met with Terri. Couldn't Gibbs have called her as a witness? It may have failed, but it would have at least raised the issue a bit more.
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Well, the reason that Terri was not called as a witness by the Schindlers seems perfectly clear to me. If she was capable of testifying, the case would have been over immediately. She wasn't capable, and still isn't. So, they couldn't call her as a witness. If it were possible to do so, and if she could have testified, I guarantee she'd have been in court. She can't speak for herself. So she couldn't testify in any way.