State v. Marler

{¶ 1} Attorney Dean Boland — counsel for the defendant — has filed an affidavit with the clerk of this court under R.C. 2701.03 seeking the disqualification of Judge Douglas M. Rastatter from acting on any further proceedings in case No. 06-CR-155 in the Court of Common Pleas of Clark County.

{¶ 2} Boland alleges that Judge Rastatter — who is the assigned judge scheduled to hear the defendant’s criminal case — issued a search warrant that led to the discovery of evidence that the prosecution intends to present at trial. When the defendant filed a motion to suppress the evidence seized by law…