A prosecution request to remove the judge handling the felony child abuse case against Minnesota Vikings star Adrian Peterson has been denied.

Montgomery County state District Judge Kelly Case will remain on the case following a recusal hearing on Wednesday in suburban Houston. Retired Tarrant County District Judge Jeff Walker denied a request by prosecutors, who had accused Case of being biased against them.

Peterson is charged with injury to a child for using a wooden switch to discipline his 4-year-old son. He is on paid leave and Case has set a tentative trial date of Dec. 1. A motion to revoke Peterson’s bond for alleged marijuana use has been on hold until the recusal issue was resolved.