Legal Opinion

In re Disqualification of Batchelor

Ohio Supreme Court

Decided May 17, 2013No. 13-AP-042PublishedCited by 5 opinions

1Opinion of the CourtO’Connor, C.J.

{¶ 1} Defendant Paul I. Smith has filed an affidavit with the clerk of this court under R.C. 2701.03 seeking to disqualify Judge Robert J. Batchelor from presiding over any further proceedings in the three above-referenced criminal cases, now pending in the Court of Common Pleas of Coshocton County.

{¶ 2} Before taking the bench, Judge Batchelor was the prosecuting attorney for Coshocton County. In that capacity, he prosecuted Smith in three separate cases and obtained prison sentences in each case. Based on these prior prosecutions, Smith claims that Judge Batchelor will be biased against him…

2Cases cited9 opinions

  1. Simmons v. Goodwill Industries of Akron, Inc.Ohio Supreme Court · 2003
  2. Commonwealth v. DarushSupreme Court of Pennsylvania · 1983
  3. Charles Edward Jenkins v. Donald E. Bordenkircher, Superintendent, Kentucky State PenitentiaryCourt of Appeals for the Sixth Circuit · 1979
  4. In re Disqualification of O'NeillOhio Supreme Court · 2002
  5. In re Disqualification of FlanaganOhio Supreme Court · 2009

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

3Cited by5 opinions

  1. State v. BattyOhio Court of Appeals · 2014
  2. RHDK Oil & Gas, L.L.C. v. DyeOhio Supreme Court · 2014
  3. In re Disqualification of StevensonOhio Supreme Court · 2014
  4. State v. SaundersOhio Court of Appeals · 2022
  5. State v. Lute (In re Selvaggio)Ohio Supreme Court · 2017

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