Legal Opinion

State v. Foust

Ohio Supreme Court

Decided May 2, 2017No. 17-AP-021PublishedCited by 3 opinions

1Opinion of the CourtO’Connor, C.J.

{¶ 1} Four Cuyahoga County assistant prosecuting attorneys have filed affidavits vfith the clerk of this court under R.C. 2701.03 seeking to disqualify Judge Cassandra Collier-Williams from presiding over any further proceedings in the above-captioned capital case, over which she has presided since January 2013 and which is now pending for a new mitigation hearing.

{¶ 2} For the reasons explained below, the prosecutors have not established that Judge Collier-Williams’s disqualification is necessary in this case.

Background

{¶ 3} In 2001, Kelly Foust, the defendant in the underlying case, was…

2Cases cited11 opinions

  1. Hurst v. FloridaSupreme Court of the United States · 2016
  2. State v. FoustOhio Supreme Court · 2004
  3. In re Disqualification of O'NeillOhio Supreme Court · 2002
  4. Foust v. HoukCourt of Appeals for the Sixth Circuit · 2011
  5. State v. FergusonOhio Supreme Court · 1996

6 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Nat'l Collegiate Student Loan Trust 2005-3 v. Dunlap, Court of Appeals of Ohio, Fourth District, Ross County2018
  2. In re Disqualification of YarbroughOhio Supreme Court · 2019
  3. Irvin v. Eichenberger (In re Jamison)Ohio Supreme Court · 2019

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