A lawyer calls attention to a Court of Appeals decision this week not to rehear an earlier ruling upholding a change of custody of a two-year-old from his mother to his father.

The Court of Appeals' original decision affirming the change of custody noted that the trial judge was influenced by the mother's statement that she followed Wicca -- although she later said it was just a casual remark and that she really was a Baptist. The opinion cited Judge Robert Vittitow's concern about care of the child, but also said:

"Finally, he stated his concern over her testimony regarding the Wicca religion, stating she probably was more involved in it than she led the court to believe."

The mother asked for a rehearing. It was denied yesterday without comment, except a stinging dissent from Judge Hart, who still believes a religious prejudice -- irrelevant to the law -- was the contributing factor in Vittitow's decision.