Legal Opinion

State v. Lute (In re Selvaggio)

Ohio Supreme Court

Decided December 15, 2017No. 17–AP–120Published

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

*1201{¶ 1} Regina R. Richards, counsel for the defendant, Sarah Ashley Lute, has filed an affidavit with the clerk of this court pursuant to R.C. 2701.03 seeking to disqualify Judge Nick Selvaggio from presiding over any further proceedings in the above-referenced criminal case.

{¶ 2} According to Ms. Richards, her client questions Judge Selvaggio's impartiality because the judge, while he served as the county prosecuting attorney, prosecuted the defendant in a prior felony case.

{¶ 3} Judge Selvaggio has responded in writing to the affidavit. The judge acknowledges that in 2012, he participated in…

2Cases cited3 opinions

  1. Simmons v. Goodwill Industries of Akron, Inc.Ohio Supreme Court · 2003
  2. In re Disqualification of HedricOhio Supreme Court · 2009
  3. In re Disqualification of BatchelorOhio Supreme Court · 2013

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