Legal Opinion

City of Cleveland v. Coleman

Ohio Supreme Court

Decided February 16, 2017No. 17-AP-008PublishedCited by 3 opinions

1Opinion of the CourtO’Connor, J.

{¶ 1} Defendant, Kathy Coleman, has filed an affidavit with the clerk of this court under R.C. 2701.03 and 2701.031 seeking to disqualify Judge Charles L. Patton from presiding over any further proceedings in the above-captioned case.

(¶ 2} Ms. Coleman, however, filed her affidavit on February 15, 2017—only two days before the next scheduled hearing in the case. Under R.C. 2701.03(B), an affidavit of disqualification must be filed “not less than seven calendar days before the day on which the next hearing in the proceeding is scheduled.” This statutory deadline may be set aside “only when…

2Cases cited3 opinions

  1. Butland v. ButlandOhio Supreme Court · 1999
  2. State v. SmithOhio Supreme Court · 1992
  3. In re Disqualification of DonnellyOhio Supreme Court · 2011

3Cited by3 opinions

  1. City of Cleveland v. ColemanOhio Supreme Court · 2017
  2. City of Cleveland v. ColemanOhio Supreme Court · 2017
  3. Jones v. State (In re Hendon)Ohio Supreme Court · 2018

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