I have a case in which there has already been a lengthy trial and a lengthy state habeas evidentiary hearing before a particular trial judge.

The case just got sent back for another evidentiary hearing. This time it's on a matter not directly related to the previous hearings, but some of the evidence at trial will be very relevant to that which they are now raising in the new habeas application.

In the meantime, the trial judge who has heard everything has retired, so the new elected judge is slated to preside over this latest hearing. I'm quite sure the new judge is perfectly capable of hearing it, but I'd obviously much prefer someone presiding who already possesses as long of a history and as much knowledge about the case as the original judge has.

I'd like to file a motion asking to have the original trial judge preside over the new evidentiary hearing. Anyone know of any authority for that? (Didn't find anything on Westlaw) Also, procedurally, how would I go about doing this?

The CCA has indicated a preference in at least one published opinion for the judge presiding over the trial to handle the writ. (I'll try to ferret out the case) Since the statutes also allow a trial judge to employ personal recollection at writ hearings, I would simply file a motion with the presiding judge requesting the original judge be allowed to sit as a visiting judge in this one instance.

Rule of thumb: When in doubt, call Roe.
Guess I should have read 11.071, sec. 9(c) a little closer. Exactly my issue.
Never mind!

That is a great provision in capital cases that I had forgotten. Good for Roe Wilson--our state writ expert!