History
  • No items yet
midpage
36 Ohio St. 3d 602
Ohio
1987
Moyer, C.J.

The affidavit of disqualification filed in the above-captioned case seeks to disqualify Judge Edward R. Kimmel from presiding over the retrial of case No. 85-CV-325 in the Court of Common Pleas of Greene County, after reversal and remand by the Court of Appeals for Greene County.

A trial judge’s opinions of law, even if erroneous, are not by them-s t t B 9 s t v selves evidence of bias or prejudice and thus are not grounds for disqualification. State v. Baker (1984), 25 Ohio Misc. 2d 11, 25 OBR 232, 495 N.E. 2d 976. It follows that a judge may preside over the retrial of a case even if that judge’s rulings of law were reversed on appeal.

c a For this reason, the affidavit of disqualification is found not well-taken and is dismissed.

Case Details

Case Name: Bendner v. Carr
Court Name: Ohio Supreme Court
Date Published: Nov 23, 1987
Citations: 36 Ohio St. 3d 602; 522 N.E.2d 456; 1987 Ohio LEXIS 453; No. 87-AP-196
Docket Number: No. 87-AP-196
Court Abbreviation: Ohio
AI-generated responses must be verified
and are not legal advice.
Log In