State v. D.G.

2025 Ohio 1834

• Court: Ohio Court of Appeals
• Decided: May 22, 2025
• Docket: 114412
• Status: Published

Opinion

[Cite as State v. D.G., 2025-Ohio-1834.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

STATE OF OHIO, :

Plaintiff-Appellee, : No. 114412 v. :

D.G., :

Defendant-Appellant. :

JOURNAL ENTRY AND OPINION

JUDGMENT: VACATED AND REMANDED RELEASED AND JOURNALIZED: May 22, 2025

Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-01-404378-ZA

Appearances:

Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, and Daniel T. Van, Assistant Prosecuting Attorney, for appellee.

Cullen Sweeney, Cuyahoga County Public Defender, and Erika B. Cunliffe, Assistant Public Defender, for appellant.

EILEEN A. GALLAGHER, A.J.:

Upon review of the parties’ briefs and the record, we find that there was

a conflict of interest in the trial court hearing the expungement request in this matter since the trial judge was the assistant prosecuting attorney who handled the case at

the time of appellant’s guilty plea in 2001. The State has conceded this error.

As such, we vacate the trial court’s judgment denying the expungement

application and remand the matter to the administrative judge of the Cuyahoga

County Common Pleas Court to be reassigned to a judge without a conflict.

It is ordered that appellant recover from appellee costs herein taxed.

The court finds there were reasonable grounds for this appeal.

It is ordered that a special mandate issue out of this court directing the

common pleas court to carry this judgment into execution.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27

of the Rules of Appellate Procedure.

EILEEN A. GALLAGHER, ADMINISTRATIVE JUDGE

MICHELLE J. SHEEHAN, J., and DEENA R. CALABRESE, J., CONCUR