Superior Court Judge Phil Brown keeps control of the death penalty case of Mercer Law School graduate Stephen McDaniel.
In dismissing a motion filed by Bibb County prosecutors, Judge Ronnie Joe Lane ruled Friday that Brown acted properly in appointing himself as presiding judge in the McDaniel case.
Bibb prosecutors argued that Brown, who became senior judge in January, should have assigned another judge to the case since Brown was already handling a death penalty case.
Defense attorney Floyd Buford Jr. said Judge Lane determined that prosecutors didn't file their motion in time and that Georgia case law great lattitude on how to assign judge to death penalty cases.
McDaniel is accused of murdering and dismembering Lauren Giddings last summer. Giddings and McDaniel were fellow Mercer University Law School graduates and lived next door in a Macon apartment complex.
Buford said a hearing on whether to establish a bond for McDaniel will be held later. The defense attorneys, Buford and Frank Hogue, allege in a bond-request motion that bond should be granted because McDaniel was not indicted within 90 days of the murder charge.
McDaniel remains in the Bibb County jail.