Legal Opinion

State v. Deaton (In re Singer)

Ohio Supreme Court

Decided January 18, 2018No. 17-AP-133Published

1Opinion of the CourtO'Connor, C.J.

*1270{¶ 1} Defendant, James Deaton, has purportedly filed an affidavit with the clerk of this court pursuant to R.C. 2701.03. Mr. Deaton seeks to disqualify Judge Gregory F. Singer from presiding over any further proceedings in the above-referenced criminal case, now pending on Mr. Deaton's petition for postconviction relief.

{¶ 2} R.C. 2701.03(A) authorizes a "party" or a "party's counsel" in a pending cause to file an "affidavit of disqualification." Under Ohio law, an affidavit " 'is a written declaration under oath.' " In re Disqualification of Donnelly , 134 Ohio St.3d 1221, 2011-Ohio-7080,…

2Cases cited5 opinions

  1. State v. FergusonOhio Supreme Court · 1996
  2. In re Disqualification of WinklerOhio Supreme Court · 2013
  3. In re Disqualification of DonnellyOhio Supreme Court · 2011
  4. In re Disqualification of VercilloOhio Supreme Court · 2013
  5. In re Disqualification of ShewardOhio Supreme Court · 2011

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