Ohio v. Grubbs

Ohio Supreme Court

Ohio v. Grubbs

522 N.E.2d 461, 36 Ohio St. 3d 607, 1988 Ohio LEXIS 148

Ohio Supreme Court·Decided March 25, 1988·No. No. 88-AP-055·Published

Opinion

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. State v. Baker (1984), 25 Ohio Misc. 2d 11, 25 OBR 232, 495 N.E. 2d 976.

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

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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. State v. Baker (1984), 25 Ohio Misc. 2d 11, 25 OBR 232, 495 N.E. 2d 976.

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

Ohio v. Grubbs, 522 N.E.2d 461, 36 Ohio St. 3d 607, 1988 Ohio LEXIS 148 (Ohio 1988).

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Opinion

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