Legal Opinion

State v. Fultz (In re Selvaggio)

Ohio Supreme Court

Decided April 30, 2019No. 19-AP-046Published

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

*1301{¶ 1} Defendant, Bryan Fultz, has filed an affidavit with the clerk of this court pursuant to R.C. 2701.03 seeking to disqualify Judge Nick A. Selvaggio from presiding over any further proceedings in the above-referenced case.

{¶ 2} Mr. Fultz claims that bias or an appearance of bias against him exists because Judge Selvaggio, while he served as county prosecutor, prosecuted Mr. Fultz's 2012 criminal cases. Mr. Fultz further states that at a 2018 hearing in the underlying matter, the judge made a negative comment about the 2012 cases.

{¶ 3} Judge Selvaggio has responded in writing to the…

2Cases cited3 opinions

  1. In re Disqualification of HayesOhio Supreme Court · 2012
  2. In re Disqualification of GrossmannOhio Supreme Court · 1994
  3. In re Disqualification of HortonOhio Supreme Court · 2013

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