litigant claim (Ohio) · Go Syfert
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litigant claim in Ohio

63 Ohio opinions name it 2 courts 1989–2026 12 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Jones v. Billinghamgreen
ohioctapp · 1995 · cited in 37 Ohio opinions naming this issue, 1998–2026
2 sentences

2026State v. Hussein, 2017-Ohio-5519, ¶ 9 (10th Dist.), citing State v. Scruggs, 2003-Ohio-2019 , ¶ 15. “ ‘R.C. 2701.03 “provides the exclusive means by which a litigant may claim that a common pleas judge is biased and prejudiced.” ’ ” Id., quoting Scruggs at ¶ 15 , quoting Jones v. Billingham, 105 Ohio App.3d 8, 11 (2d Dist. 1995).

2021Id., citing R.C. 2701.03 and Scruggs at ¶ 15. " 'R.C. 2701.03 "provides the exclusive means by which a litigant may claim that a common pleas judge is biased and prejudiced." ' " Id., quoting Scruggs at ¶ 15, quoting Jones v. Billingham, 105 Ohio App.3d 8, 11 (2d Dist.1995).

437
State v. Osie (Slip Opinion)green
ohio · 2014 · cited in 3 Ohio opinions naming this issue, 2018–2021
2 sentences

2021R.C. 2701.03(D), (E). {¶ 15} The procedure set forth in R.C. 2701.03 provides “the exclusive means by which a litigant may claim that a common pleas judge is biased and prejudiced.” Jones v. Billingham, 105 Ohio App.3d 8, 11 , 663 N.E.2d 657 (2d Dist.1995); see, e.g., State v. Osie, 140 Ohio St.3d 131 , 2014-Ohio-2966 , 16 N.E.3d 588, ¶ 62 ; State v. Hudson, 2d Dist.

2021R.C. 2701.03(D), (E). {¶ 15} The procedure set forth in R.C. 2701.03 provides “the exclusive means by which a litigant may claim that a common pleas judge is biased and prejudiced.” Jones v. Billingham, 105 Ohio App.3d 8, 11 , 663 N.E.2d 657 (2d Dist.1995); see, e.g., State v. Osie, 140 Ohio St.3d 131 , 2014-Ohio-2966 , 16 N.E.3d 588, ¶ 62 ; State v. Hudson, 2d Dist.

33
Beer v. Griffithgreen
ohio · 1978 · cited in 8 Ohio opinions naming this issue, 2000–2015
2 sentences

2015“This is ‘the exclusive means by which a litigant may claim that a common pleas judge is biased and prejudiced.’ ” Id., quoting Jones v. Billingham, 105 Ohio App.3d 8, 11 , 663 N.E.2d 657 (2d Dist.1995).

2014“This is ‘the exclusive means by which a litigant may claim that a common pleas judge is biased and prejudiced.’ ” Id., quoting Jones v. Billingham, 105 Ohio App.3d 8, 11 , 663 N.E.2d 657 (2d Dist. 1995).

18
Columbus Checkcashers, Inc. v. Guttermaster, Inc.green
ohioctapp · 2013 · cited in 4 Ohio opinions naming this issue, 2020–2025
2 sentences

2025“If a municipal court judge is alleged to have a bias or prejudice for or against any party to a proceeding pending before the judge, -4- or to be otherwise disqualified to preside over the proceeding, any party to the proceeding may file an affidavit of disqualification with the clerk of the Ohio Supreme Court.” Id., citing R.C. 2703.031. “ ‘R.C. 2703.031 provides the exclusive means by which a litigant may claim that a municipal court judge is unduly interested, biased, or prejudiced.’ ” Id., quoting Columbus Checkcashers, Inc. v. Guttermaster, Inc., 2013-Ohio-5543, ¶ 33 (10th Dist.) (Other

2024Franklin No. 13AP-106, 2013-Ohio-5543, ¶ 33 ; see also State v. Dixon, 12th Dist.

14
Vogel v. Felts, Ca2008-05-051 (12-15-2008)green
ohioctapp · 2008 · cited in 4 Ohio opinions naming this issue, 2021–2024
2 sentences

2024A statute, R.C. 2701.03(A), states: If a judge of the court of common pleas allegedly is interested in a proceeding pending before the court, allegedly is related to or has a bias or prejudice for or against a party to a proceeding pending before the court or a party's counsel, or allegedly otherwise is disqualified to preside in a proceeding pending before the court, any party to the proceeding or the party's counsel may file an affidavit of disqualification with the clerk of the supreme court in accordance with division (B) of this section. - 22 - Butler CA2023-04-047 This statute "provides

2022Clermont No. CA2008-05-051, 2008-Ohio-6569, ¶ 14 , citing Vera v. Yellowrobe, 10th Dist.

14
Vera v. Yellowrobe, Unpublished Decision (8-1-2006)green
ohioctapp · 2006 · cited in 3 Ohio opinions naming this issue, 2008–2024
2 sentences

2024A statute, R.C. 2701.03(A), states: If a judge of the court of common pleas allegedly is interested in a proceeding pending before the court, allegedly is related to or has a bias or prejudice for or against a party to a proceeding pending before the court or a party's counsel, or allegedly otherwise is disqualified to preside in a proceeding pending before the court, any party to the proceeding or the party's counsel may file an affidavit of disqualification with the clerk of the supreme court in accordance with division (B) of this section. - 22 - Butler CA2023-04-047 This statute "provides

2008Vera v. Yellowrobe , Franklin App. No. 05AP-1081, 2006-Ohio-3911 , ¶ 54 , *Page 9 and cases cited therein.

13
State v. Husseingreen
ohioctapp · 2017 · cited in 1 Ohio opinions naming this issue, 2026–2026
1 sentence

2026State v. Hussein, 2017-Ohio-5519, ¶ 9 (10th Dist.), citing State v. Scruggs, 2003-Ohio-2019 , ¶ 15. “ ‘R.C. 2701.03 “provides the exclusive means by which a litigant may claim that a common pleas judge is biased and prejudiced.” ’ ” Id., quoting Scruggs at ¶ 15 , quoting Jones v. Billingham, 105 Ohio App.3d 8, 11 (2d Dist. 1995).

11
Corbin v. Dailey, 08ap-802 (2-26-2009)green
ohioctapp · 2009 · cited in 1 Ohio opinions naming this issue, 2026–2026
1 sentence

2026“The determination that a trial court judge should have recused herself/himself or should be disqualified due to bias or prejudice is the exclusive province of the Chief Justice of the Supreme Court of Ohio or his [or her] designee.” Corbin v. Dailey, 2009-Ohio-881, ¶ 14 (10th Dist.), citing State v. Payne, 2002-Ohio-5180 , ¶ 8 (7th Dist.).

11
State v. Ludtgreen
ohioctapp · 2009 · cited in 1 Ohio opinions naming this issue, 2014–2014
1 sentence

2014In turn, "[d]isqualification proceedings are not initiated in the court of appeals and cannot be reviewed by a court of appeals." State v. Ludt, 180 App.3d 672, 2009-Ohio-416, ¶ 17 (7th Dist.), citing Beer v. Griffith, 54 Ohio St.2d 440, 441 (1978).

11
Lisa M. Pocker v. William F. Browngreen
ca6 · 1987 · cited in 1 Ohio opinions naming this issue, 1994–1994
11
Broadrick v. Oklahomagreen
scotus · 1973 · cited in 1 Ohio opinions naming this issue, 1989–1989
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (23)

CaseCitedYears
State v. Hunter green
ohioctapp · 2002
2 sentences

2016R.C. 2701.031 “provides the exclusive means by which a litigant may claim that a municipal court judge is biased and prejudiced.” Id. quoting State v. Hunter, 151 Ohio App.3d 276 , 2002–Ohio–7326, ¶ 17 (9th Dist.).

2014This statute "provides the exclusive means by which a litigant may claim that a municipal court judge is biased and prejudiced." State v. Hunter, 151 Ohio App.3d 276 , 2002-Ohio-7326 , ¶ 17 (9th Dist.).

62004–2016
Berdyck v. Shinde green
ohioctapp · 1998
2 sentences

2016Berdyck v. Shinde, 128 Ohio App.3d 68, 81 , 713 N.E.2d 1098 (6th Dist.1998); Jones v. Billingham, 105 Ohio App.3d 8, 11 , 663 N.E.2d 657 (2d Dist.1995).

2016Berdyck v. Shinde, 128 Ohio App.3d 68, 81 , 713 N.E.2d 1098 (6th Dist.1998); Jones v. Billingham, 105 Ohio App.3d 8, 11 , 663 N.E.2d 657 (2d Dist.1995).

32001–2016
State v. Hudson neutral
ohioctapp · 2014
2 sentences

2021Clark No. 2014-CA-53, 2014-Ohio-5363, ¶ 25 ; State v. Galluzzo, 2d Dist.

2018Clark No. 2014 CA 53, 2014-Ohio-5363, ¶ 25 ; State v. Galluzzo, 2d Dist.

22018–2021
State v. Galluzzo, Unpublished Decision (1-20-2006) green
ohioctapp · 2006
2 sentences

2014Champaign No. 2004 CA 25, 2006-Ohio-309, ¶ 15 .

2007This procedure provides `the exclusive means by which a litigant may claim that a common pleas judge is biased and prejudiced.' Jones v. Billingham (1995), 105 Ohio App.3d 8 , 11 , 663 N.E.2d 657 ." State v. Galluzzo , Champaign App. No. 2004-CA-25, 2006-Ohio-309 , ¶ 15 ; Mathewson v. Mathewson , Greene App. No. 05-CA-35, 2007-Ohio-574 , ¶ 36 . {¶ 13} Coonrod did not seek the disqualification of the trial judge under R.C. 2701.03 .

22007–2014
State v. Rhoades green
ohioctapp · 2020
1 sentence

2023Id.

12023–2023
Liteky v. United States green
scotus · 1994
1 sentence

2019However, such remarks may support a bias challenge “if they reveal an opinion that derives from an extrajudicial source; and they will do so if they reveal such a high degree of favoritism or antagonism as to make fair judgment impossible.” (Emphasis sic.) Id. -36- {¶ 83} Under Ohio law, the procedure set forth in R.C. 2701.03 provides “the exclusive means by which a litigant may claim that a common pleas judge is biased and prejudiced.” State v. Qualls, 2d Dist.

12019–2019
State v. Keith neutral
ohioctapp · 2016
1 sentence

2019Butler No. CA2015-12-213, 2016-Ohio-7359, ¶ 26 ; State ex rel.

12019–2019
Dibert v. Carpenter green
cadc · 2017
1 sentence

2018Douglas employed this procedure on several occasions, seeking the disqualification of the trial judge; the chief justice of the Supreme Court of Ohio denied his requests for disqualification and denied his motions for reconsideration of those decisions. {¶ 21} The procedure set forth in R.C. 2701.03 provides “the exclusive means by which a litigant may claim that a common pleas judge is biased and prejudiced.” Jones v. Billingham, 105 Ohio App.3d 8, 11 , 663 N.E.2d 657 (2d Dist.1995); see also, e.g., State v. Osie, 140 Ohio St.3d 131 , 2014-Ohio-2966 , 16 N.E.3d 588, ¶ 62 ; Dibert v. Carpenter

12018–2018
Flast v. Cohen green
scotus · 1968
2 sentences

2016(Citation omitted.) Flast v. Cohen, 392 U.S. 83, 102 , 88 S.Ct. 1942 (1968).

2016(Citation omitted.) Flast v. Cohen, 392 U.S. 83, 102 , 88 S.Ct. 1942 (1968).

12016–2016
Lakota v. Lakota green
ohioctapp · 2012
1 sentence

2012No. 10CA0122-M, 2012-Ohio-2555 , ¶ 4 5 (“Civ.R. 53 is the means by which a litigant may challenge a magistrate’s factual or legal determinations.”). {¶9} Civ.R. 53(D)(4)(b) provides that “[w]hether or not objections are timely filed, a court may adopt or reject a magistrate’s decision in whole or in part, with or without modification.

12012–2012
State v. Cody neutral
ohioctapp · 2011
1 sentence

2011However, R.C. 2953.23 provides for review of petitions filed outside of this time frame should a petitioner demonstrate: (a) that the petitioner was “R.C. 2701.03 provides the exclusive means by which a litigant may claim that a common 5 pleas court judge is biased and prejudiced. * * * If [the defendant] believed the trial judge should be removed from his case due to bias or prejudice against him, his exclusive remedy was to file an affidavit of disqualification pursuant to R.C. 2701.03.” State v. Cody, Cuyahoga App. No. 95753, 2011-Ohio-2289, ¶16-17 . 12 unavoidably prevented from discover

12011–2011
State ex rel. Special Prosecutors v. Judges green
ohio · 1978
1 sentence

2010“A litigant should be given the courtesy of a judgment entry expressing the trial court’s belief that it does not have jurisdiction to address a particular issue so that the litigant can challenge that entry on appeal, it the litigant chooses to do so.” Id. at ¶ 5 {¶ 21} The state next points out that relator asked for “resentencing” and currently asks for a new sentencing hearing.

12010–2010
Mathewson v. Mathewson, Unpublished Decision (2-9-2007) green
ohioctapp · 2007
1 sentence

2007This procedure provides `the exclusive means by which a litigant may claim that a common pleas judge is biased and prejudiced.' Jones v. Billingham (1995), 105 Ohio App.3d 8 , 11 , 663 N.E.2d 657 ." State v. Galluzzo , Champaign App. No. 2004-CA-25, 2006-Ohio-309 , ¶ 15 ; Mathewson v. Mathewson , Greene App. No. 05-CA-35, 2007-Ohio-574 , ¶ 36 . {¶ 13} Coonrod did not seek the disqualification of the trial judge under R.C. 2701.03 .

12007–2007
Clemons v. Hafner, Unpublished Decision (8-22-2005) neutral
ohioctapp · 2005
1 sentence

2007"R.C. 2701.031 * * * provides the exclusive means by which a litigant may claim that a municipal court judge is biased and prejudiced." Clemons v. Hafner , Mahoning App. No. 04 MA 162, 2005-Ohio-4503 , ¶ 21 , citing State v. Hunter , 151 Ohio App.3d 276 , 2002-Ohio-7326 .

12007–2007
Arizona v. Fulminante green
scotus · 1991
1 sentence

2006State v. Esparza (1996), 74 Ohio St.3d 660 , 662 , following Arizona v. Fulminante (1991), 499 U.S. 279 , 310 .

12006–2006
State v. Mays green
ohioctapp · 1996
1 sentence

2006No. 2003CA0046, 2003-Ohio-5803 , at ¶ 11; State v. Mays (1996), 108 Ohio App.3d 598 , 611-12 ; State v. Hunter, 151 Ohio App.3d 276 , 2002-Ohio-7326 , at ¶ 17 (noting that "R.C. 2701.031 * * * provides the exclusive means by which a litigant may claim that a municipal court judge is biased and prejudiced"). {¶ 37} It is established that a court of appeals does not have the authority or jurisdiction "to render a decision * * * or to void a trial court's judgment on the basis of personal bias or prejudice on the part of the trial judge." (Internal citations omitted.) Hunter at ¶ 18, 21, citing N

12006–2006
State v. Cumberland, Unpublished Decision (3-11-2005) neutral
ohioctapp · 2005
1 sentence

2006Jones v. Billingham (1995), 105 Ohio App.3d 8 , 11 , 663 N.E.2d 657 ; also see State v. Cumberland, Highland App. No. 04CA14, 2005-Ohio-1229 , at ¶ 1 ; State v. Scruggs Franklin App. No. 02AP-621, 2003-Ohio-2019 , at ¶ 15.

12006–2006
State v. Peoples, Unpublished Decision (10-16-2003) neutral
ohioctapp · 2003
1 sentence

2006No. 2003CA0046, 2003-Ohio-5803 , at ¶ 11; State v. Mays (1996), 108 Ohio App.3d 598 , 611-12 ; State v. Hunter, 151 Ohio App.3d 276 , 2002-Ohio-7326 , at ¶ 17 (noting that "R.C. 2701.031 * * * provides the exclusive means by which a litigant may claim that a municipal court judge is biased and prejudiced"). {¶ 37} It is established that a court of appeals does not have the authority or jurisdiction "to render a decision * * * or to void a trial court's judgment on the basis of personal bias or prejudice on the part of the trial judge." (Internal citations omitted.) Hunter at ¶ 18, 21, citing N

12006–2006
State v. Esparza green
ohio · 1996
1 sentence

2006State v. Esparza (1996), 74 Ohio St.3d 660 , 662 , following Arizona v. Fulminante (1991), 499 U.S. 279 , 310 .

12006–2006
Battersby v. Avatar, Inc. green
ohioctapp · 2004
2 sentences

2006Battersby v. Avatar, Inc., 157 Ohio App.3d 648 , 2004-Ohio-3324 , at ¶ 18 ; Jones v. Billingham (1995), 105 Ohio App.3d 8 , 11 .

2006Battersby v. Avatar, Inc., 157 Ohio App.3d 648 , 2004-Ohio-3324 , at ¶ 18 ; Jones v. Billingham (1995), 105 Ohio App.3d 8 , 11 .

12006–2006
Nicolaci v. Littlejohn green
ohioctapp · 1989
1 sentence

2006No. 2003CA0046, 2003-Ohio-5803 , at ¶ 11; State v. Mays (1996), 108 Ohio App.3d 598 , 611-12 ; State v. Hunter, 151 Ohio App.3d 276 , 2002-Ohio-7326 , at ¶ 17 (noting that "R.C. 2701.031 * * * provides the exclusive means by which a litigant may claim that a municipal court judge is biased and prejudiced"). {¶ 37} It is established that a court of appeals does not have the authority or jurisdiction "to render a decision * * * or to void a trial court's judgment on the basis of personal bias or prejudice on the part of the trial judge." (Internal citations omitted.) Hunter at ¶ 18, 21, citing N

12006–2006
Bland v. Graves green
ohioctapp · 1994
12002–2002
Volodkevich v. Volodkevich green
ohio · 1988
12002–2002

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2953.21 (4) OH § Ohio Rev. Code § 3109.04 (3) OH § Ohio Rev. Code § 3109.051 (3) OH § Ohio Rev. Code § 3113.31 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 63 (1989–2026) MS 35 (1984–2025) PA 25 (1945–2026) AL 24 (1990–2018) CA 18 (1941–2025) VA 15 (1916–2013) FL 13 (1960–2026) NJ 13 (1980–2026) IL 12 (1972–2023) AZ 11 (1950–2024) WA 11 (2018–2025) TX 11 (1962–2018) MI 8 (1928–2021) CT 5 (1986–2000) CO 4 (1981–2016) HI 4 (1956–2005) AK 4 (1983–2023) NE 4 (1942–2003) MO 3 (1930–1993) WV 3 (1993–2005) WI 3 (1992–2004) DC 3 (1986–2021) NC 3 (1947–2022) NY 3 (1964–1974) OR 2 (1974–2003) VI 2 (2012–2025) KY 2 (2004–2011) ME 2 (1993–2020) MD 2 (1975–2011) ID 2 (1973–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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