Bendner v. Carr, 522 N.E.2d 456 (Ohio 1987). · Go Syfert
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Bendner v. Carr, 522 N.E.2d 456 (Ohio 1987). Cases Citing This Book View Copy Cite
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cited 4× by 4 distinct cases, 2006–2019 · …a judge may preside over the retrial of a case even if that judge's rulings of law were reversed on appeal. ✓
31 citation events (20 in the last 25 years) across 2 distinct courts.
Strongest positive: In re Disqualification of Reed (ohio, 2024-12-17)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) In re Disqualification of Reed (2×)
Ohio · 2024 · confidence medium
This is because “[a] trial judge’s opinions of law, even if erroneous, are not by themselves evidence of bias or prejudice and . . . are not grounds for disqualification.” Kimmel, 36 Ohio St.3d at 602; see also In re Disqualification of Russo, 2005-Ohio-7146 , ¶ 5 (a judge’s adverse rulings, without more, do not require the judge’s disqualification). {¶ 48} A reasonable and objective observer with full knowledge of the facts of the underlying case would not harbor serious doubts about the judge’s impartiality or believe that Judge Reed’s ability to carry out his judicial respon…
discussed Cited "see" Quint v. Lomakoski (2×)
Ohio · 2006 · signal: see · confidence high
See In re Disqualification of Kimmel (1987), 36 Ohio St.3d 602 , 522 N.E.2d 456 (“a judge may preside over the retrial of a case even if that judge’s rulings of law were reversed on appeal”).
Retrieving the full opinion text from the archive…
In re Disqualification of Kimmel: Bendner
v.
Carr
No. 87-AP-196.
Ohio Supreme Court.
Nov 23, 1987.
522 N.E.2d 456
Moyer.
Published
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.