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Judge Mary E. Donovan of the 2nd District Court of Appeals and Judge Peter Abele of the 4th District Court of Appeals served as visiting judges on the Supreme Court of Ohio today and heard oral arguments in a total of five cases.
Judge Donovan and Judge Abele were selected by Chief Justice Thomas J. Moyer to sit in place of Justice Alice Robie Resnick, who recused herself from State v. George Evans, Case No. 2005-1692, State v. Ralph R. Wilson, Case No. 2005-2186, Debra Shay v. Larry Shay Jr., et al., Case No. 2005-2277, State of Ohio v. Eric L. Palmer, Case Nos. 2006-0022 & 2006-0370, and In re: Application of Reza Yazdian, Case No. 2006-1406.
According to the Ohio Constitution, in the event of a recusal by a Justice, the Chief Justice of the Supreme Court can select any of the 68 sitting Ohio appellate court judges to sit temporarily on the Supreme Court.
“We are pleased to have Judge Donovan and Judge Abele join us today,” Chief Justice Moyer said. “Their participation provides the parties in the case with a court of seven justices despite the recusal of Justice Resnick.”
State of Ohio v. George Evans examines whether a court of appeals can vacate multiple sentences for different convictions imposed against a defendant by a trial court on the grounds that one sentence was improper.
State v. Ralph R. Wilson addresses what standard of proof a court of appeals should apply in reviewing a trial court's ruling concerning a “sexual predator” under Ohio law.
Debra Shay v. Larry Shay Jr., et al. involves a case addressing Ohio's uninsured/underinsured motorist statute.
State of Ohio v. Eric L. Palmer, out of Portage County, involves the question of speedy trial rights and a criminal defendant's delay in responding to the state's discovery request.
In re: Application of Reza Yazadian involves a case in which the Board of Commissioners on Character and Fitness has recommended disapproval of an applicant out of Cincinnati to take the Ohio Bar Examination.
Archived video of these cases and every case argued before the Supreme Court of Ohio since March 2004 is available at: www.supremecourtofohio.gov/videostream.
For a high-resolution, publication-quality photo of Judge Donovan, please click on the above photo or visit: http://www.supremecourtofohio.gov/Communications_Office/Press_Releases/2006/donovan_highres.zip.
For a high-resolution, publication-quality photo of Judge Abele, please click on the above photo or visit: http://www.supremecourtofohio.gov/Communications_Office/Press_Releases/2006/abele_highres.zip.
Contact: Andrea M. Strle at 614.387.9250.