Updated 8/02/2012 6:25 P.M.
Richard Poore's second trial will not take place later this month.
A special judge earlier this week ruled that the re-trial of the Pleasants County man will be continued.
The court is considering a motion by Poore's attorney that the trial be moved out of the county.
Poore was convicted in 2007 of the death of his infant son in the 1980's, but that conviction was overturned by the West Virginia Supreme Court nearly two years ago.
There has not yet been a decision on the change of venue motion.
A hearing on the retrial of Pichard Poore has been continued, while Pleasants County's new prosecutor files paperwork to remove himself from the case.
At a hearing Tuesday, Carl Bryant was told by Poore's attorney, that he intends to ask Bryant to testify in the case.
Bryant recently replaced former prosecutor Tim Sweeney, who became judge of the circuit which includes Pleasants County. Sweeney also will not hear the Poore case because he was the prosecutor for Poore's original trial in 2007.
Poore was convicted in 2007 in the death of his infant son nearly 30 years ago.
That conviction was overturned in November by the West Virginia Supreme Court.