Opinion · Ohlaw Ohio

IN RE DISQUALIFICATION OF GRIGSBY, 36 Ohio St.3d 607 (1988)

IN RE DISQUALIFICATION OF GRIGSBY: THE STATE OF Ohio v. GRUBBS., 522 N.E.2d 461 (Ohio 1988)

Type: Opinion
Court: Ohlaw Ohio
Jurisdiction: Ohlaw
Date: 1988-03-25
Topic: general

IN RE DISQUALIFICATION OF GRIGSBY, 36 Ohio St.3d 607 (1988) 522 N.E.2d 461 IN RE DISQUALIFICATION OF GRIGSBY: THE STATE OF OHIO v. GRUBBS. No. 88-AP-055Supreme Court of Ohio. Decided March 25, 1988. Judges — Affidavit of disqualification — Allegation of legal error in imposition of sentence may not be raised by affidavit.

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UpLaw has not yet analyzed IN RE DISQUALIFICATION OF GRIGSBY, 36 Ohio St.3d 607 (1988). The absence of a flag is not a finding that it is good law.

IN RE DISQUALIFICATION OF GRIGSBY,36 Ohio St.3d 607(1988)

522 N.E.2d 461

IN RE DISQUALIFICATION OF GRIGSBY: THE STATE OF OHIO v. GRUBBS.

No. 88-AP-055

Supreme Court of Ohio.

Decided March 25, 1988.

Judges — Affidavit of disqualification — Allegation of legalerror in imposition of sentence may not be raised byaffidavit.

ON AFFIDAVIT OF DISQUALIFICATION.

MOYER, C.J.

The affidavit of disqualification filed herein alleges that Judge Joseph B. Grigsby failed to follow Ohio statutory law at the time of sentencing and thus displayed prejudice to the detriment of the defendant-affiant, Todd W. Grubbs, in case No. 86-CR-1785 in the Court of Common Pleas of Montgomery County.

A judge is presumed to follow applicable law in all respects. If, in a particular case, it is shown that a judge legally erred in the imposition of sentence, that issue must be raised on appeal and not by an affidavit of disqualification.Statev.Baker(1984),25 Ohio Misc.2d 11,25OBR 232,495 N.E.2d 976.

For these reasons, the affidavit of disqualification is found not well-taken and is hereby dismissed.