Trial judge; conflict of interest; prosecutor; expungement; vacated; remanded. We find there was a conflict of interest for the trial court judge to hear appellant's expungement application since the presiding judge was also the prosecutor for appellant's original underlying criminal case from 2001. Judgment denying expungement motion is vacated and matter is remanded to the lower court to be assigned to a judge without a conflict who can hear the motion.
Decided 2025-05-22
[Cite as State v. D.G.,
2025-Ohio-1834
.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, :
No. 114412
v. :
D.G., :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: VACATED AND REMANDED
RELEASED AND JOURNALIZED: May 22, 2025
Civil Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-01-404378-ZA
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Daniel T. Van, Assistant Prosecuting
Attorney, for appellee.
Cullen Sweeney, Cuyahoga County Public Defender, and
Erika B. Cunliffe, Assistant Public Defender, for
appellant.
EILEEN A. GALLAGHER, A.J.:
Upon review of the parties’ briefs and the record, we find that there was
a conflict of interest in the trial court hearing the expungement request in this matter
since the trial judge was the assistant prosecuting attorney who handled the case at
the time of appellant’s guilty plea in 2001. The State has conceded this error.
As such, we vacate the trial court’s judgment denying the expungement
application and remand the matter to the administrative judge of the Cuyahoga
County Common Pleas Court to be reassigned to a judge without a conflict.
It is ordered that appellant recover from appellee costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the
common pleas court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27
of the Rules of Appellate Procedure.
EILEEN A. GALLAGHER, ADMINISTRATIVE JUDGE
MICHELLE J. SHEEHAN, J., and
DEENA R. CALABRESE, J., CONCUR
