State v. Battle

{¶ 1} Defendant, Billy J. Battle, and his counsel, Eric Allen, have filed affidavits with the clerk of this court under R.C. 2701.03 seeking to disqualify Judge Dan W. Favreau from presiding over any further proceedings in the above-captioned case, now pending on Battle’s motion for leave to file an untimely postconviction petition. This is the second affidavit of disqualification that Battle has filed against Judge Favreau in the underlying case. His prior disqualification request was denied by entry dated October 4, 2013. See case No. 13-AP-093.

{¶2} Battle and Allen request Judge Favreau’s…