Legal Opinion

In re Disqualification of Capper

Ohio Supreme Court

Decided August 3, 2012No. 12-AP-077PublishedCited by 18 opinions

1Opinion of the CourtO’Connor, C.J.

{¶ 1} Plaintiff Melinda E. Polen has filed an affidavit with the clerk of this court under R.C. 2701.03 seeking to disqualify Judge Thomas J. Capper from presiding over any further proceedings in case No. 00-DR-0023, now pending in the Domestic Relations Division of the Court of Common Pleas of Clark County.

{¶ 2} Polen claims that Judge Capper should be disqualified based on the following six allegations: (1) Judge Capper favors defendant David Herier, (2) Judge Capper has a “pre-existing bias” toward Herier’s attorney, Douglas Geyer, (3) Judge Capper has “preconceived notions about critical…

2Cases cited15 opinions

  1. Simmons v. Goodwill Industries of Akron, Inc.Ohio Supreme Court · 2003
  2. Buckingham Coal Co. v. SantoOhio Supreme Court · 2004
  3. In re Disqualification of O'NeillOhio Supreme Court · 2002
  4. In re Disqualification of FloydOhio Supreme Court · 2003
  5. Kirkpatrick v. KirkpatrickOhio Supreme Court · 1988

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

3Cited by18 opinions

  1. Dibert v. CarpenterOhio Court of Appeals · 2017
  2. In re Disqualification Of SchweikertOhio Supreme Court · 2018
  3. In re Disqualification of ParkOhio Supreme Court · 2014
  4. State v. ShabazzOhio Court of Appeals · 2017
  5. In re Disqualification of BurgeOhio Supreme Court · 2014

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API