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Judge Anthony O. Calabrese Jr. of the Eighth District Court of Appeals served as a visiting judge on the Supreme Court of Ohio today and heard oral arguments in one case. Judge Calabrese also sat on the Supreme Court as a visiting judge in November 2006.
Judge Calabrese was selected by Chief Justice Thomas J. Moyer to sit in place of Justice Robert R. Cupp, who recused himself from State of Ohio v. Christopher Mays, (Case No. 2007-1302).
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 Calabrese fill in for Justice Cupp today and provide a full complement of seven justices,” Chief Justice Moyer said.
The Mays case – out of Licking County – involves whether a police officer can legally stop a motorist he observes drifting across the right edge line on the road when no other instances of erratic driving occur. In this instance a State Highway Patrol officer stopped Mr. Mays in the early morning hours of March 26, 2006, traveling westbound on State Route 16 in Newark, Ohio. Mr. Mays’ attorneys argue that the decision by the Fifth District Court of Appeals in this case is in conflict with a decision by the Third District Court of Appeals in State v. Phillips.
Judge Calabrese has sat on the Eighth District Court of Appeals since 2003. The court serves Cuyahoga County and hears cases from county, municipal and common pleas courts as well as original actions in habeas corpus, mandamus, prohibition, procedendo and quo warranto.
“Of course it is any judge’s goal to sit on the highest state court,” Judge Calabrese said. “I believe it is a high honor and distinction, and I am humbled by the selection of the Chief Justice to sit on the Court.”
Judge Calabrese served on the Cuyahoga County Court of Common Pleas, General Division, from February 1991 to January 2003. Prior to his appointment to the bench, Calabrese worked in private practice. Calabrese also served as a state representative for Cuyahoga County for three terms and was a member of the Cleveland-Cuyahoga County Port Authority for 10 years.
Calabrese is a graduate of the National Judicial College and served as special counsel for the Ohio Attorney General. He received his undergraduate degree from John Carroll University and his juris doctorate from Cleveland-Marshall College of Law where he serves today as an honorary trustee.
Archived video of this case and every case argued before the Supreme Court of Ohio since March 2004 is available at: www.supremecourtofohio.gov/videostream.
Contact: Chris Davey or Bret Crow at 614.387.9250.