Attorney Jerry Summers has filed a motion seeking permission for a direct appeal of a ruling by Judge Jon Kerry Blackwood in the "judge shopping" case.
Judge Blackwood, of Townsend, Tn., had denied a motion to reconsider his ruling in the case in which Gary Wayne McCullough is charged with boating under the influence and possession of a controlled substance.
Attorney Summers had asked Judge Blackwood to reconsider his ruling after a lengthy hearing that the case be remanded to General Sessions Court for a new preliminary hearing by a different judge.
Attorney Summers said, "This Court found there was a due process violation, however, it did not dismiss the indictment outright."
He said it should have been dismissed based on the judge's finding.
Attorney Summers said if the case goes back to General Sessions Court for a new hearing by a different judge it "will essentially restart the entire criminal process for the defendant."
Judge Bob Moon initially heard the case and it was bound to the Grand Jury, which sent the charges on to Criminal Court.
Attorney Summers had argued that the charges should have been dismissed on grounds that officers of the Tennessee Wildlife Resources Agency assigned most of their cases to certain judges.
Judge Blackwood did not find that Judges Moon or David Bales had violated ethics rules. They both testified and said they did not participate in the assignment of cases, but that was handled by the officers and the court clerks.