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Ohio v. Grubbs

522 N.E.2d 461, 36 Ohio St. 3d 607, 1988 Ohio LEXIS 148
CourtOhio Supreme Court
DecidedMarch 25, 1988
DocketNo. 88-AP-055
StatusPublished

This text of 522 N.E.2d 461 (Ohio v. Grubbs) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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Related

State v. Baker
495 N.E.2d 976 (Court of Common Pleas of Ohio, Hamilton County, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
522 N.E.2d 461, 36 Ohio St. 3d 607, 1988 Ohio LEXIS 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ohio-v-grubbs-ohio-1988.