State of Alabama v. Epic Tech, et al., [Ms. 1210012, May 20, 2022] __ So. 3d __ (Ala. 2022). The Court (Mitchell, J.; Parker, C.J., and Bolin, Shaw, Wise, Bryan, Mendheim, and Stewart, JJ., concur; Sellers, J., concurs in the result) reverses the Greene Circuit Court’s dismissal of the State’s complaint challenging the legality of Epic Tech, LLC’s gambling operations. The dismissal order was summarily reversed because it was based on grounds rejected by the Court in State v. Epic Tech, LLC, 323 So. 3d 572 (Ala. 2020) (Epic Tech I), and State v. Epic Tech, LLC, [Ms. 1200032, May 28, 2021] __ So. 3d __ (Ala. 2021) (Epic Tech II).
The Court grants the State’s request to reassign the case to a different circuit judge on remand, and explains “the most relevant factors are
‘(1) whether the original judge would reasonably be expected upon remand to have substantial difficulty in putting out of his or her mind previously-expressed views or findings determined to be erroneous or based on evidence that must be rejected, (2) whether reassignment is advisable to preserve the appearance of justice, and (3) whether reassignment would entail waste and duplication out of proportion to any gain in preserving the appearance of fairness.’ United States v. Robin, 553 F.2d 8, 10 (2d Cir. 1977).”