State v. Payne

Vukovich, Presiding Judge.

{¶ 1} Defendant-appellant Danielle Payne has appealed after being convicted in the Harrison County Court on 12 counts of cruelty to animals. The issue before us concerns the trial judge’s refusal to recuse himself from the case based upon a comment he made in chambers on the morning of the trial. For the following reasons, appellant’s conviction and sentence are affirmed.

{¶ 2} On August 17, 1999, appellant’s six horses were seized after the execution of a search warrant in Cadiz, Ohio. Apparently, all horses had thrush from standing in unsanitary conditions. One had…