Why would that matter? We're not talking about an endeavour where past
performance would give you any clue about probable future outcomes,
surely.
If the Hon. William Alsup were a pole-vaulter, and he'd brought
the bar down at six metres in the last four attempts, you might not back him to
clear it the fifth time. However, every legal case is different, and this one
is pretty much (a) unique, and (b) right up the judge's metaphorical street. I
think he had an eye to the inevitable appeal(s) from the very beginning, and I
personally (IANAL, of course) can't see where the appeals court, which will look
at just the same evidence, can find differently.
OT re pole
vaulting: I don't pay much attention to sports, so I just looked up the
world records. What?!? Between May 1984 and July 1994, the men's world
record was broken eighteen times, and seventeen of those improvements were by
one man, Sergey Bubka. The final record still stands eight years later. Now,
that's performance to depend upon! --- (c) assigned to
PJ
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