Bibb County prosecutors filed a motion Thursday asking a judge to consider whether the death-penalty case against Stephen McDaniel was assigned to the right judge.
In the motion, prosecutors wrote that they have “concerns that the order for assignment of cases has not been properly followed.”
Franklin J. Hogue, one of McDaniel’s attorneys, said he hadn’t seen the motion as of late Thursday afternoon and reserved comment until he can review the filing.
On Jan. 4, Chief Judge S. Phillip Brown issued an order assigning McDaniel’s case to himself.
According to an order signed by judges in the Macon Judicial Circuit in 2011, death penalty cases are to be assigned by the chief judge among all the judges on a rotating basis.