2011 Ohio 3023
Ohio Ct. App.2011Background
- Rhoads was stopped for speeding; trooper detected alcohol odor and glassy eyes.
- Appellant refused field sobriety tests and a chemical breath test after arrest for OVI.
- An administrative license suspension (ALS) was issued by the registrar.
- Appellant appeared for initial appearance, did not stay or appeal ALS at that time, but later sought judicial review on January 10, 2011; ALS appeal hearing held February 7, 2011, and the court overruled the appeal.
- Counsel filed an affidavit of disqualification of the municipal court judge on February 24, 2011; disqualification was denied March 11, 2011 by a common pleas judge.
- Appellant appealed to the Ohio Court of Appeals, asserting two assignments of error; the court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court err in overruling the ALS appeal? | Rhoads | Rhoads | No abuse of discretion; ALS appeal properly denied |
| Is the appeal of a disqualification decision to the Court of Appeals proper? | Rhoads | Rhoads | Not appealable; Court lacks authority to review disqualification order |
Key Cases Cited
- State v. Williams, 76 Ohio St.3d 290 (1996) (ALS appeal is a civil matter; defer to civil standard)
- C.E. Morris Co. v. Foley Construction Co., 54 Ohio St.2d 279 (1978) (civil standard of review; competent credible evidence adequate)
- In re Kimbler, 44 Ohio App.3d 9 (1988) (disqualification orders not final judgments; not appealable)
- White v. Hicks, 118 Ohio App. 56 (1961) (authority to review disqualification limited)
- State v. Lindsey, 77 Ohio App.3d 191 (1945) (inquisitorial role of common pleas judge; not final appealable order)