Legal Opinion

In re Disqualification of Gallagher

Ohio Supreme Court

Decided July 30, 2024No. 24-AP-079Published

1Opinion of the Court

[This opinion has been published in Ohio Official Reports at 177 Ohio St.3d 1223.] IN RE DISQUALIFICATION OF GALLAGHER. THE STATE OF OHIO v. TUCKER. [Cite as In re Disqualification of Gallagher,

2024-Ohio-6136.] Judges—Affidavits of disqualification—R.C. 2701.03—Several paragraphs of affidavit of disqualification stricken because they are not based on affiant’s personal knowledge—Affiant showed that a reasonable and objective observer would harbor serious doubts about judge’s impartiality toward defendant in underlying case based on judge’s statement that defense counsel’s appellate-court…

2Cases cited10 opinions

  1. Bonacorsi v. Wheeling & Lake Erie Ry. Co.Ohio Supreme Court · 2002
  2. In re Disqualification of O'NeillOhio Supreme Court · 2002
  3. State v. FearsOhio Supreme Court · 1999
  4. State Ex Rel. Turner v. MarshallOhio Supreme Court · 1931
  5. In re Disqualification of GallOhio Supreme Court · 2013

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