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UPDATE: Judge Aquilina has denied the motion to re-sentence Nassar

Posted: 6:36 PM, Aug 27, 2018
Updated: 2018-08-28 10:20:27Z

4:15 p.m.
Judge Aquilina has denied the motion to re-sentence Larry Nassar.

2:24 p.m.:
The Court of Appeals has denied the motion for stay of the motion on re-sentencing, and also denied the application for leave to appeal. That means today's 3:30 hearing will proceed.

ORIGINAL STORY:
Just hours before a motion hearing on Larry Nassar's re-sentencing request in Ingham County was set to begin, attorney's for Nassar have asked the court of appeals to overturn a decision allowing Judge Rosemarie Aquilina to stay on the case.

Nassar's attorneys filed a motion with the Court of Appeals on Monday afternoon, after motions to delay and reconsider the decision on Aquilina were denied by Ingham County Circuit Court Chief Judge Richard Garcia.

Earlier this month, Garcia denied a request from Nassar's attorneys asking to have Nassar re-sentenced under a new judge. Nassar's attorneys had argued Aquilina was biased when she sentenced Nassar to 40 to 175 years in prison on sexual assault charges.

Monday's motion hearing was set to begin at 3:30. An Appeals Court panel could make a decision before then.

Stay with FOX 47 News for updates.