Legal Opinion

Day v. Department of Rehabilitation & Correction

Ohio Supreme Court

Decided September 22, 2016No. 16-AP-080PublishedCited by 5 opinions

1Opinion of the Court

O’Connor, C J.

{¶ 1} Plaintiff, Dan J. Day, has filed an affidavit with the clerk of this court under R.C. 2743.041 and 2701.03 seeking to disqúalify Judge Patrick M. McGrath from presiding over any further proceedings in the above-captioned case pending in the Ohio Court of Claims.1

*1225{¶ 2} Day claims that Judge McGrath has a conflict of interest because one of the judge’s previous entries in the case “distorted the facts” and “provide[d] a non-rational basis” for his decision. An affidavit of disqualification, however, addresses the narrow issue of the possible bias of a judge, and “[i]t is not…

2Cases cited1 opinion

  1. In re Disqualification of SolovanOhio Supreme Court · 2003

3Cited by5 opinions

  1. Russell v. Ohio Dept. of Rehab. & Corr.Ohio Court of Appeals · 2019
  2. Meraglio v. Andolsek (In re O'Leary)Ohio Supreme Court · 2019
  3. State v. Eyajan (In re Digiacomo)Ohio Supreme Court · 2019
  4. State v. Jensen (In re Ward)Ohio Supreme Court · 2019
  5. State v. Kanu (In re Beridon)Ohio Supreme Court · 2019

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