Ted Sprouse v. Phillip Kline, Unpublished Decision (9-30-2002)
Ted Sprouse v. Phillip Kline, Unpublished Decision (9-30-2002)
Opinion of the Court
{¶ 2} For the reasons that follow, we affirm the judgment of the trial court.
{¶ 4} Apparently, appellee purchased certain real estate that once belonged to appellant at a sheriff's sale and placed the title to that property in his daughter's name. During a conversation, appellant told appellee that he should not have bought the property and implied threats against appellee's daughter. Appellant videotaped appellee and his family when they started working on the property, and on several occasions, appellant made menacing hand gestures to appellee and his family, implying that he had a firearm and would harm appellee or his family. Appellant also followed appellee on public roadways.
{¶ 5} The trial court granted appellee's petition on a temporary basis and scheduled a hearing on the petition. Prior to the hearing, appellant filed a document entitled, "Request for Judicial Notice." In the document, appellant challenged the veracity of appellee's claims and asserted that he had been assaulted by appellee the day before the petition was filed.
{¶ 6} On August 15, 2001, the trial court held a hearing at which it took testimony from both appellant and appellee. At the conclusion of the hearing, the trial court ruled in appellee's favor, granting appellee's petition for a civil protection order against appellant. The trial court ordered appellant not to come within one thousand feet of appellee or his family for a period of five years.
{¶ 7} Following its ruling, the trial court asked if there were any questions. Appellant responded by stating, "Sir, I disagree. And I feel that by you sitting on the case and being my attorney, that my case is prejudiced. And I'd like for it to be known on the record." The trial court responded, "You're raising that after the case is over." The trial judge then acknowledged that several years ago he had been appellant's attorney, but that that prior relationship had nothing to do with the case he had just heard or the ruling he had just rendered.
{¶ 9} First Assignment of Error: "The lower court did error [sic] by failing to apply appellants [sic] constitutional rights, Ohio 1851, Article I, Section I, Inalienable Rights and Article I, Section 2, Equal Protection And Benefit; Article I, Section 5, Right Of Trial By Jury; Article I, Section 16, Redress For Injury; Due Process."
{¶ 10} Second Assignment of Error: "The lower court did error [sic] by failing to apply the Code Of Judicial Conduct, pursuant to: Canon 1. `A judge shall uphold the integrity and independence of the judiciary; [sic] Canon 3. `A judge shall perform the duties of judicial office impartially and diligently.[sic]"
{¶ 11} Third Assignment of Error: "The lower court did error [sic] when it acted contrary to the `clean hands doctrine'."
{¶ 12} Fourth Assignment of Error: "The lower court did error [sic] when it failed to provide appellant his basic fundamental right of redress."
{¶ 13} Fifth Assignment of Error: "The lower court did error [sic] by failing to recuse himself due to past conflicts with appellant, i.e., self interest, bias or prejudice."
{¶ 14} Appellant's assignments of error assert two separate arguments. In his First Assignment of Error, appellant asserts that his constitutional and statutory rights were violated. The remaining assignments of error assert that the trial judge should have recused himself. On these bases, appellant concludes that the judgment of the trial court should be reversed. We address each of these arguments seriatim.
{¶ 16} We are at a loss as to what constitutional or statutory violations occurred during the hearing. Appellant utterly fails to delineate those violations or point to parts of the record that illustrate any such violations.
{¶ 17} "Another problem with appellants' brief is that we have great difficulty gleaning the precise nature of the contested issues that appellants wish to present on appeal. This Court has a long history of leniency to pro se litigants. See Besser v. Griffey (1993),
{¶ 18} Accordingly, we refuse to speculate as to appellant's argument concerning this assignment of error. Thus, we overrule appellant's First Assignment of Error.
{¶ 20} Regarding bias of trial judges, this court has previously held that:
{¶ 21} "[An] appellant must make such a challenge under the provisions of R.C.
2701.03 , which requires an affidavit of prejudice to be filed with the Supreme Court of Ohio. See Beer v. Griffith (1978),54 Ohio St.2d 440 ,377 N.E.2d 775 (explaining that, `since only the Chief Justice or his designee may hear disqualification matters, [courts of appeals are] without authority to pass upon disqualification or to void the judgment of the trial court upon that basis')." Baker v. Ohio Dept. of Rehab. and Corr.,144 Ohio App.3d 740 ,754-755 ,2001-Ohio-2553 ,761 N.E.2d 667 .
{¶ 22} Accordingly, we find that appellant's argument, that the trial judge should have been disqualified, is not properly raised before us. We note however, that in the case sub judice, appellant made no attempt to seek the trial judge's disqualification or comply with the statutory requirements of R.C.
Judgment affirmed.
Abele, P.J., and Harsha, J.: Concur in Judgment and Opinion.
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