Legal Opinion

State v. Baker

Court of Common Pleas of Ohio, Hamilton County

Decided December 18, 1984No. Nos. 84-TRC-16463 and -33556APublishedCited by 15 opinions

1Opinion of the CourtCrush, J.

In each of the above-captioned cases an affidavit of bias and prejudice was filed by each of the respective defense attorneys. Since both cases involve closely related issues, they will be handled together.

This court is empowered by statute (R.C. 2937.20) to examine into the claims of bias and prejudice and to make the appropriate finding. A hearing is not required inasmuch as the affidavits provide sufficient information.

The Patton case involves a motion to mitigate filed, and not yet decided, on behalf of a defendant who has already been sentenced. The Baker case involves a defendant who…

2Cases cited4 opinions

  1. Barclay v. FloridaSupreme Court of the United States · 1983
  2. Shakin v. Board of Medical ExaminersCalifornia Court of Appeal · 1967
  3. State v. WilliamsOhio Court of Appeals · 1982
  4. City of Miamisburg v. SmithOhio Court of Appeals · 1982

3Cited by15 opinions

  1. In re Disqualification of O'NeillOhio Supreme Court · 2002
  2. In re Disqualification of FloydOhio Supreme Court · 2003
  3. In re Disqualification of OlivitoOhio Supreme Court · 1994
  4. State v. HenryOhio Court of Appeals · 1987
  5. Youngstown v. Cohen, 07-Ma-16 (3-12-2008)Ohio Court of Appeals · 2008

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