In re Disqualification of Flanagan

54 Citing cases

  1. State v. Jones (In re Allen)

    2023 Ohio 3238 (Ohio 2023)   Cited 5 times

    Allegations that are based solely on innuendo and speculation "are insufficient to establish bias or prejudice." In re Disqualification of Flanagan, 127 Ohio St.3d 1236, 2009-Ohio-7199, 937 N.E.2d 1023, ¶ 4.

  2. State v. Jones (In re Disqualification of Schroeder)

    172 Ohio St. 3d 1238 (Ohio 2023)

    Allegations based on innuendo and speculation "are insufficient to establish bias or prejudice." In re Disqualification of Flanagan, 127 Ohio St.3d 1236, 2009-0hio-7199, 937 N.E.2d 1023, ¶ 4. Therefore, this allegation is without merit.

  3. State v. Jones (In re Schroeder)

    2023 Ohio 3171 (Ohio 2023)

    Allegations based on innuendo and speculation "are insufficient to establish bias or prejudice." In re Disqualification of Flanagan, 127 Ohio St.3d 1236, 2009-Ohio-7199, 937 N.E.2d 1023, ¶ 4. Therefore, this allegation is without merit.

  4. Ames v. Geauga Cnty. Republican Cent. Comm. (In re Ondrey)

    170 Ohio St. 3d 1242 (Ohio 2022)

    "Allegations that are based solely on hearsay, innuendo, and speculation—such as those alleged here—are insufficient to establish bias or prejudice." In re Disqualification of Flanagan , 127 Ohio St.3d 1236, 2009-Ohio-7199, 937 N.E.2d 1023, ¶ 4. {¶ 12} The affidavits of disqualification are denied.

  5. State v. Apex-El (In re O'Malley)

    168 Ohio St. 3d 1230 (Ohio 2022)   Cited 2 times

    "Allegations that are based solely on hearsay, innuendo, and speculation * * * are insufficient to establish bias or prejudice." In re Disqualification of Flanagan , 127 Ohio St.3d 1236, 2009-Ohio-7199, 937 N.E.2d 1023, ¶ 4. {¶ 8} A "presumption of impartiality" is accorded all judges in affidavit-of-disqualification proceedings.

  6. State v. Apex-El (In re O'Malley)

    2022 Ohio 3477 (Ohio 2022)

    "Allegations that are based solely on hearsay, innuendo, and speculation * * * are insufficient to establish bias or prejudice." In re Disqualification of Flanagan, 127 Ohio St.3d 1236, 2009-Ohio-7199, 937 N.E.2d 1023, ¶ 4.

  7. In re Martin

    2022 Ohio 2215 (Ohio 2022)

    "Allegations that are based solely on hearsay, innuendo, and speculation * * * are insufficient to establish bias or prejudice." In re Disqualification of Flanagan, 127 Ohio St.3d 1236, 2009-Ohio-7199, 937 N.E.2d 1023, ¶ 4.

  8. The City of Cleveland v. Crockett (In re Scott)

    2021 Ohio 4383 (Ohio 2021)

    Further, given Judge Scott's explanations about the audio recording of the July 15 hearing, Ms. Bolton has failed to establish that the judge tampered with any record in such a manner that would warrant her removal for bias or an appearance of bias. Ms. Bolton's allegations appear to be based on speculation, and "[allegations that are based solely on hearsay, innuendo, and speculation * * * are insufficient to establish bias or prejudice," In re Disqualification of Flanagan, 127 Ohio St.3d 1236, 2009-Ohio-7199, 937 N.E.2d 1023, ¶ 4. Similarly, Judge Scott adequately explained why she delivered the notice of the contempt hearing to Ms. Bolton's place of employment, and Ms. Bolton's unsubstantiated belief that the judge intended to embarrass her is insufficient to remove the judge for bias.

  9. City of Cleveland v. Crockett (In re Scott)

    165 Ohio St. 3d 1262 (Ohio 2021)

    Further, given Judge Scott's explanations about the audio recording of the July 15 hearing, Ms. Bolton has failed to establish that the judge tampered with any record in such a manner that would warrant her removal for bias or an appearance of bias. Ms. Bolton's allegations appear to be based on speculation, and "[a]llegations that are based solely on hearsay, innuendo, and speculation * * * are insufficient to establish bias or prejudice," In re Disqualification of Flanagan , 127 Ohio St.3d 1236, 2009-Ohio-7199, 937 N.E.2d 1023, ¶ 4. Similarly, Judge Scott adequately explained why she delivered the notice of the contempt hearing to Ms. Bolton's place of employment, and Ms. Bolton's unsubstantiated belief that the judge intended to embarrass her is insufficient to remove the judge for bias.{¶ 6} The affidavit of disqualification is denied.

  10. State ex rel. Doe v. Forest Hills Local Sch. Dist. Bd. of Educ. (In re Jenkins)

    165 Ohio St. 3d 1294 (Ohio 2021)   Cited 4 times

    {¶ 16} Allegations based on hearsay are generally insufficient to establish bias or prejudice. In re Disqualification of Flanagan , 127 Ohio St.3d 1236, 2009-Ohio-7199, 937 N.E.2d 1023, ¶ 4. And given the other conflicting accounts in the record, Mr. Hartman has failed to set forth sufficiently compelling evidence to overcome the presumption that Judge Jenkins is fair and impartial based on conduct occurring outside of this litigation.