Legal Opinion

In re Disqualification of Rastatter

Ohio Supreme Court

Decided August 12, 2013No. 13-AP-068PublishedCited by 3 opinions

1Opinion of the Court

O’Connor, CJ.

{¶ 1} Defendant Ramon Boyce has filed an affidavit with the clerk of this court under R.C. 2701.03 seeking to disqualify Judge Douglas M. Rastatter from presiding over any further proceedings in case No. 08-CR-612, now pending on Boyce’s petition for postconviction relief in the Court of Common Pleas of Clark County.

{¶ 2} According to Boyce’s affidavit, Judge Rastatter has presided over four of Boyce’s previous trials, one of which resulted in a “large reversal.” Because of this history, Boyce claims that Judge Rastatter has a “predetermined hostile and fixed anticipatory…

2Cases cited10 opinions

  1. State v. WilsonOhio Supreme Court · 2011
  2. Simmons v. Goodwill Industries of Akron, Inc.Ohio Supreme Court · 2003
  3. In re Disqualification of O'NeillOhio Supreme Court · 2002
  4. State v. LanaganOhio Supreme Court · 1988
  5. Signer v. SignerOhio Supreme Court · 2005

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

3Cited by3 opinions

  1. State v. BoydOhio Court of Appeals · 2014
  2. Boyce v. Warden, Chillicothe Correctional InstitutionDistrict Court, S.D. Ohio · 2023
  3. State v. CoppaOhio Court of Appeals · 2026

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API