State v. Miller (In re Culotta)
State v. Miller (In re Culotta)
Opinion of the Court
*1262{¶ 1} Albert L. Purola, counsel for the defendant, has filed an affidavit with the clerk of this court pursuant to R.C. 2701.03 seeking to disqualify Judge Vincent A. Culotta from presiding over any further proceedings in the above-referenced case, now pending on the defendant's petition for postconviction relief.
{¶ 2} Mr. Purola claims that at the defendant's sentencing, Judge Culotta made several comments that demonstrate bias against the defendant and that he will *1190be unable to impartially weigh the evidence in her postconviction petition.
{¶ 3} Judge Culotta has responded in writing to the affidavit and denies any bias against the defendant. The judge further states that his challenged sentencing comments were made in the context of weighing the appropriate sentencing *1263factors and to establish a record to support the defendant's sentence. The judge does not believe that his comments support a claim of judicial bias.
{¶ 4} "It is well settled that a judge who presided at trial will not be disqualified from hearing a petition for postconviction relief in the absence of evidence of bias, prejudice, or a disqualifying interest." In re Disqualification of Nastoff ,
{¶ 5} "A judge is presumed to follow the law and not to be biased, and the appearance of bias or prejudice must be compelling to overcome these presumptions." In re Disqualification of George ,
{¶ 6} The affidavit of disqualification is denied. The case may proceed before Judge Culotta.
Reference
- Full Case Name
- IN RE Disqualification of CULOTTA. The State of Ohio v. Miller.
- Status
- Published