The judge appointed to re-sentence convicted killer Robert Schwander will stay on the case.
Schwander's attorney, Craig Elhart, had requested a new judge. Elhart suggested that Judge Philip Rogers may be too close to the case because he serves on the circuit court with the original judge. That request was denied Friday.
In April, the Michigan Court of Appeals vacated Schwander's original sentence for killing 16-year-old Carly Lewis. They said it was excessive and outside the guidelines.
Judge Rogers was appointed for the re-sentencing.
Schwander's attorney said he will file another appeal for Friday's decision.