State v. Jackson

Summary

The Ohio Supreme Court denies an affidavit seeking the disqualification of Judge John M. Stuard from further proceedings in a capital criminal case. The court holds that the record does not establish that the judge is likely to be a material witness or that his impartiality is compromised, allowing the case to proceed before him.

Holdings

1. A judge is not required to be disqualified based solely on suppositions that the judge may be called as a witness or allegations that the judge possesses material evidence; disqualification is required when the judge knows that he or she is likely to be a material witness and the material evidence cannot otherwise be obtained.
2. Disqualification was not required because the record contained no evidence of hostility or bias and did not show that Judge Stuard was unable or unwilling to resolve remaining matters with an open mind.

Questions Presented

1. Whether Judge Stuard was required to disqualify himself because he might be called as a material witness concerning his communications with the prosecuting attorney's office.
2. Whether the record demonstrated sufficient bias, prejudice, hostility, or a fixed anticipatory judgment to require Judge Stuard's disqualification.
3. Whether the affidavit should be denied where the judge acknowledged the relevant factual allegations and any remaining dispute principally concerned the legal question whether a new sentencing hearing was warranted.

Disposition

writ_denied