Legal Opinion
In re Disqualification of Jennings
Ohio Supreme Court
Decided June 28, 2013No. 13-AP-048Published
1Opinion of the CourtO’Connor, C.J.
{¶ 1} Ronnie L. Wingate, counsel for defendant Matthew Gonzalez, has filed an affidavit with the clerk of this court under R.C. 2701.03 seeking to disqualify Judge Linda J. Jennings from presiding over any further proceedings in case No. CR12-2997, now pending for trial in the Court of Common Pleas of Lucas County.
{¶ 2} Wingate alleges that Judge Jennings’s participation in the underlying case creates an appearance of impropriety because of (1) the judge’s alleged personal connections with Gonzalez, (2) the judge’s “incensed” reaction to Gonzalez’s alleged phone call to the judge’s daughter,…
2Cases cited10 opinions
- Mayberry v. PennsylvaniaSupreme Court of the United States · 1971
- Simmons v. Goodwill Industries of Akron, Inc.Ohio Supreme Court · 2003
- In re Disqualification of FlanaganOhio Supreme Court · 2009
- Federal Deposit Insurance Corporation, in Its Capacity as Receiver of Comfed Savings Bank, F.A. v. Rhetta B. Sweeney and John Sweeney, Federal Deposit Insurance Corporation, in Its Capacity as Receiver of Comfed Savings Bank, F.A. v. Rhetta B. Sweeney, John Sweeney and John Does I-VCourt of Appeals for the First Circuit · 1998
- State v. FrazierOhio Supreme Court · 1991
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