"That is indeed true," Judge Greer replied, "but the executive is certainly not superior."

Whether he prevails seems to depend on Judge Greer.

Mr. Gibbs is seeking a new trial with a jury, which was lacking in the 2000 trial held by Judge Greer.

On March 24, Judge Greer issued an injunction stopping the state government from doing so.

"All the judges have banded together to support Judge Greer."

The entire tape was viewed by Judge Greer, who wrote, Terri "clearly does not consistently respond to her mother".

That led to new testimony, but it did not change Judge Greer's mind, partly because the girlfriend recanted.

But the battle has not ceased, and the case has often dominated Judge Greer's calendar.

A petition to impeach Judge Greer, circulated online by religious groups, has nearly 7,000 signatures.

For weeks, sheriff's deputies have kept Judge Greer under close guard.