State v. Ulis, Unpublished Decision (2-23-2001)
State v. Ulis, Unpublished Decision (2-23-2001)
Opinion of the Court
"IT WAS ERROR FOR THE COURT NOT TO DISQUALIFY ITSELF FROM PROCEEDINGS INVOLVING THE DEFENDANT."
Appellant was originally convicted and sentenced on two counts of aggravated murder and three counts of attempted murder in 1995. Five years later, in 2000, appellant filed a motion for new trial and for an order that Judge Barber who presided over his trial in 1995 recuse himself because he has knowledge of the disputed facts and "will be needed in any future proceeding as a witness." The trial court denied both motions. On appeal, appellant argues that Judge Barber abused his discretion by failing to recuse himself. He argues that the court's bias was evidenced by the denial of appellant's motion for a new trial.
We find that the trial court properly dismissed the motion to disqualify the judge on the ground that R.C.
Accordingly, appellant's sole assignment of error is not well-taken.
Having found that the trial court did not commit error prejudicial to appellant, the judgment of the Lucas County Court of Common Pleas is affirmed. Pursuant to App.R. 24, appellant is hereby ordered to pay the court costs incurred on appeal.
JUDGMENT AFFIRMED.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.
Peter M. Handwork, J., Richard W. Knepper, J., Mark L. Pietrykowski,P.J., CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.