State v. Bradley-LewisState v. Bradley-Lewis
Judgment: Appeals dismissed.
Nicholas Iarocci, Ashtabula County Prosecutor, Ashtabula County Courthouse, 25 West Jefferson Street, Jefferson, OH 44047-1092 (For Plaintiff-Appellee).
Orlando Lamaar Bradley-Lewis, pro se, 528 West 40th Street, Ashtabula, OH 44004 (Defendant-Appellant).
COLLEEN MARY O‘TOOLE, J.
{¶1} Appellant, Orlando Lamaar Bradley-Lewis, appeals from the trial court‘s December 13, 2017 entries denying his motion to recuse Judge DiGiacomo and setting the matter for oral hearing regarding his motion to dismiss the complaint in 14 TRC 0003.
{¶2}
{¶3} “(1) An order that affects a substantial right in an action that in effect determines the action and prevents a judgment;
{¶4} “(2) An order that affects a substantial right made in a special proceeding or upon a summary application in an action after judgment;
{¶5} “(3) An order that vacates or sets aside a judgment or grants a new trial;
{¶6} “(4) An order that or denies a provisional remedy and to which both of the following apply:
{¶7} “(a) The order in effect determines the action with respect to the provisional remedy and prevents a judgment in the action in favor of the appealing party with respect to the provisional remedy.
{¶8} “(b) The appealing party would not be afforded a meaningful or effective remedy by an appeal following final judgment as to all proceedings, issues, claims, and parties in the action.
{¶9} “(5) An order that determines that an action may or may not be maintained as a class action; * * *.”
{¶10} Regarding criminal cases, pursuant to
{¶11} Additionally, an order denying the disqualification of a judge has been held not to be a final appealable order. See In re Disqualification of Kimbler, 44 Ohio App.3d 9 (9th Dist.1988); State v. Bonner, 11th Dist. Geauga No. 2014-G-3202, 2004-Ohio-3870; Aloi v. Enervest, 11th Dist. Portage No. 2011-P-0023, 2011-Ohio-5112.
{¶12} Appellant has not been convicted or sentenced in any of the underlying criminal cases, and the court‘s denial of appellant‘s motion to recuse Judge DiGiacomo is not a final appealable order. Thus, this court lacks jurisdiction to consider the appeals.
{¶13} Even if there were a final appealable order issued in the underlying cases, pursuant to
{¶14}
{¶15} “If a judge of a municipal or county court allegedly is interested in a proceeding pending before a judge * * * any party to the proceeding or the party‘s counsel may file an affidavit of disqualification with the clerk of the supreme court. * * *.”
{¶16} Appeals dismissed, sua sponte.
THOMAS R. WRIGHT, P.J.,
CYNTHIA WESTCOTT RICE, J.,
concur.