Legal Opinion

In re Disqualification of Nastoff

Ohio Supreme Court

Decided February 16, 2012No. 12-AP-004PublishedCited by 8 opinions

1Opinion of the CourtO’Connor, C.J.

{¶ 1} Kort Gatterdam, counsel for petitioner, has filed an affidavit with the clerk of this court under R.C. 2701.03 seeking to disqualify Judge Andrew Nastoff from acting on any further proceedings in case No. CR-1983-12-0614, a postconviction-relief action now pending in the Court of Common Pleas of Butler County.

{¶ 2} Attorney Gatterdam contends that it would be unfair for Judge Nastoff to rule on Davis’s petition for postconviction relief. Judge Nastoff presided over the three-judge panel that sentenced Davis to death. Gatterdam states that the postconviction petition currently before…

2Cases cited10 opinions

  1. Simmons v. Goodwill Industries of Akron, Inc.Ohio Supreme Court · 2003
  2. State v. DavisOhio Supreme Court · 1988
  3. Von Clark Davis v. Ralph Coyle, WardenCourt of Appeals for the Sixth Circuit · 2007
  4. State v. DavisOhio Supreme Court · 1992
  5. In re Disqualification of SolovanOhio Supreme Court · 2003

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. DavisOhio Court of Appeals · 2013
  2. State v. KettererOhio Court of Appeals · 2017
  3. State v. ObermillerOhio Court of Appeals · 2019
  4. In re Disqualification of CallahanOhio Supreme Court · 2014
  5. State v. KiddOhio Court of Appeals · 2017

3 more not listed; retrieve them via the Exa API.

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