MONTGOMERY, AL (WSFA) - The Alabama Supreme Court released a decision Friday morning ruling that it will not force Montgomery Circuit Judge Greg Griffin to recuse from presiding over the high-profile murder case involving Montgomery police officer Aaron "Cody" Smith.
Smith was indicted on one count of murder for a Feb. 25, 2016, traffic stop that ended with the death of Gregory Gunn.
Gunn was unarmed when Smith used lethal force. The defense argues Smith was fighting for his life with he fired the fatal shots.
Judge Griffin is the only circuit judge in the 19th Judicial Circuit who has not recused from this case.
In May 2017, the defense requested Griffin recuse from the case over Facebook posts that they believed showed bias and drew parallel reference to Smith's investigation. Griffin refused to do so.
Smith is still awaiting an immunity from prosecution hearing. The case was stayed after the request for a Writ of Mandamus was filed with the appeals court.