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36 Ohio St. 3d 602

State v. Kwiatkowski

Ohio Supreme Court

Decided October 30, 1987

Ohio Supreme Court · decided 1987-10-30

Relies on 28 Ohio App. 3d 37 - City of Cleveland v. White Properties, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1987-10-30

How this case has been cited

Cited by 12 later decisions — most recently December 2024

12 state decisions

5019871990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Moyer, C.J.

¶1The allegations contained in the affidavit of disqualification filed by defendant Stanley Kwiatkowski against Judge James D. Sweeney in case No. CR 207297 in the Court of Common Pleas of Cuyahoga County are insufficient to sustain a finding of bias or prejudice.

¶2Further, the allegations are substantially the same as those filed in a previous affidavit in this same case, which was dismissed by entry dated September 8, 1987 (No. 87-AP-195).

¶3Trial of this case is scheduled for November 2, 1987, less than one week from the filing of this latest affidavit. To permit a party to repeatedly file affidavits of disqualification would provide that party with an easy means of delaying trial. Cleveland v. White Properties, Inc. (1985), 28 Ohio App. 3d 37, 28 OBR 47, 501 N.E. 2d 1231.

¶4For these reasons, the affidavit of disqualification is found not well-taken and is hereby dismissed.

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