36 OHIOST3D 607 - Ohio v. Grubbs

How this case has been cited

Cited by 35 later decisions — most recently February 2017 · most notably State v. Sanders (2001), Simmons v. Goodwill Industries of Akron, Inc. (2003)

35 state decisions

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.

Moyer, C.J.

¶1The affidavit of disqualification filed herein alleges that Judge Joseph B. Grigsby failed to follow Ohio statutory law at the time of sentencing and thus displayed prejudice to the detriment of the defendant-affiant, Todd W. Grubbs, in case No. 86-CR-1785 in the Court of Common Pleas of Montgomery County.

¶2A judge is presumed to follow applicable law in all respects. If, in a particular case, it is shown that a judge legally erred in the imposition of sentence, that issue must be raised on appeal and not by an affidavit of disqualification. State v. Baker (1984), 25 Ohio Misc. 2d 11, 25 OBR 232, 495 N.E. 2d 976.

¶3For these reasons, the affidavit of disqualification is found not well-taken and is hereby dismissed.