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what will they will be looking for? as a legal matter, whether judge mcafee, the trial judge was right when he ruled that there was no actual conflict of interest, but appearance of the conflict of interest, judge mcafee will offer the solution that she could resign from the case or her former boyfriend, nathan wade, she hired as a special prosecutor, could resign from the case. they chose the latter option. mr. wade stepped down. judge mcafee was satisfied and he allowed the case to continue. the appellate court will see if judge mcafee had it right. >> judge yvette miller was on this panel. judge miller was apointed by a democrat. she is the first black woman to serve on georgia's appeals court.