Attorneys for Harvey Updyke served the Lee County Circuit Court notice of their plans to file an appeal with the Alabama Criminal Court of Appeals. They want the higher court to remove the judge presiding over the case.
Updyke's legal team filed a motion earlier this year asking the judge to recuse himself from case. The motion cited Judge Jacob Walker's ties to Auburn University.
Updyke has pleaded not guilty to multiple criminal charges. He's accused of poisoning the trees at Auburn's Toomer's Corner. Fans traditionally roll the trees to celebrate wins.
The trees are showing new signs of growth. Experts say they hope to determine if the trees will survive this spring.