Legal Opinion

State v. Price (In re Burnside)

Ohio Supreme Court

Decided July 6, 2018No. 18-AP-083Published

1Opinion of the CourtO'Connor, C.J.

*1245{¶ 1} Defendant, Christian Price, has filed an affidavit with the clerk of this court pursuant to R.C. 2701.03 seeking to disqualify Judge Janet R. Burnside. Although it is unclear from the face of his affidavit, it appears that he is seeking Judge Burnside's removal from case Nos. CR-11-549930-A and CR-12-558932-A.

*1246{¶ 2} The chief justice, however, cannot rule on an affidavit of disqualification when there is no "proceeding pending before the court." R.C. 2701.03(A) ; accord In re Disqualification of Hayes , 135 Ohio St.3d 1221, 2012-Ohio-6306, 985 N.E.2d 501, ¶ 6. Here, Mr. Price has not…

2Cases cited2 opinions

  1. In re Disqualification of HayesOhio Supreme Court · 2012
  2. Kilcoyne v. Plain Dealer Publishing Co.Ohio Supreme Court · 1995

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