Prosecutors in the death penalty case against Stephen McDaniel are concerned over whether the right judge is assigned to the case.
District Attorney Greg Winters Tells 41 NBC there's a required rotation judges must follow in death penalty cases.
His office filed the motion as a precaution to make sure their case against McDaniel isn't jeopardized. McDaniel is charged with the murder of his neighbor and classmate, 27 year-old Lauren Giddings.
A hearing to determine whether Judge Phillip Brown is the right judge has not been scheduled.
Brown assigned himself to the case earlier this month.
Winters says he plans to file the same motion for 3 other death penalty cases he is working on.