Legal Opinion
State v. Herbert
Ohio Supreme Court
Decided August 21, 2006No. 06-AP-080PublishedCited by 6 opinions
1Opinion of the CourtMoyer, C.J.
{¶ 1} Joseph E. Scott — counsel for the defendant — has filed an affidavit with the clerk of this court under R.C. 2701.03 seeking the disqualification of Judge Kathleen A. Aubry from acting on any further proceedings in case No. 05-CR-21 in the Court of Common Pleas of Wyandot County.
{¶ 2} Scott alleges that the judge has shown bias against the defendant by scheduling a resentencing hearing for the defendant on the same day as a hearing on the defendant’s motion to withdraw his guilty plea. This demonstrates, according to Scott, that the judge has already decided to deny the motion to…
2Cases cited6 opinions
- State v. FosterOhio Supreme Court · 2006
- Simmons v. Goodwill Industries of Akron, Inc.Ohio Supreme Court · 2003
- State v. D'AmbrosioOhio Supreme Court · 1993
- In re Disqualification of SolovanOhio Supreme Court · 2003
- United Union of Roofers, Waterproofers and Allied Workers, Union No. 33 v. Edwin Meese, Attorney General of the United States of AmericaCourt of Appeals for the First Circuit · 1987
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re Disqualification of NastoffOhio Supreme Court · 2012
- State v. CeminoOhio Court of Appeals · 2011
- State v. DonaldOhio Court of Appeals · 2011
- State v. HallOhio Court of Appeals · 2014
- In re Disqualification of RastatterOhio Supreme Court · 2013
1 more not listed; retrieve them via the Exa API.