Legal Opinion

State v. Oller

Ohio Supreme Court

Decided June 9, 2017No. 17-AP-039Published

1Opinion of the CourtO’Connor, C.J.

{¶ 1} Defendant, Timothy Oller, has filed an affidavit with the clerk of this court under R.C. 2701.03 seeking to disqualify Judge Michael Holbrook from presiding over any further proceedings in the above-referenced case in the Franklin County Court of Common Pleas.

*1304{¶ 2} In 2016, a jury convicted Mr. Oiler of involuntary manslaughter, and Judge Holbrook sentenced him to a maximum prison term of 21 years. The Tenth District Court of Appeals reversed the sentence, holding that Judge Holbrook erred in substituting his own factfinding for the facts found by the jury. Specifically, the appellate…

2Cases cited6 opinions

  1. Simmons v. Goodwill Industries of Akron, Inc.Ohio Supreme Court · 2003
  2. In re Disqualification of O'NeillOhio Supreme Court · 2002
  3. In re Disqualification of WinklerOhio Supreme Court · 2013
  4. Columbus v. HayesOhio Court of Appeals · 1990
  5. State v. OllerOhio Court of Appeals · 2017

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