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Judge Patrick Dinkelacker of the First District Court of Appeals served as visiting judge on the Supreme Court of Ohio today and heard oral arguments in one case.
Judge Dinkelacker was selected by Chief Justice Thomas J. Moyer to sit in place of Justice Robert R. Cupp, who recused himself from State v. Pasqualone (Case No. 2007-2443).
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 Dinkelacker join us today,” Chief Justice Moyer said. “His participation provides the parties in the case with a court of seven justices despite the recusal of Justice Cupp.”
The Pasqualone case – out of Ashtabula County – involves whether the trial court’s admission of a laboratory report without the testimony of the laboratory technician was proper.
The First District Court of Appeals serves Hamilton 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. Judge Dinkelacker was elected to the appeals court in November 2006.
From 1991 to 1995 he served as a Hamilton County Domestic Relations judge. He was appointed to the General Division bench in Hamilton County Common Pleas Court in November 1995 and served as presiding judge in 2001. He also served as an assistant Hamilton County prosecutor for 11 years beginning in 1979.
“It is an honor and privilege to be selected by the Chief Justice of the Ohio Supreme Court,” said Judge Dinkelacker. “The limited number of cases that actually work their way up to the Supreme Court are interesting but complex. I am always excited to be a part of decisions that will make new law for the citizens of Ohio.”
Archived video of this case and every case argued before the Supreme Court since March 2004 is available at: www.supremecourtofohio.gov/videostream.
For a high resolution, publication-quality photo of Judge Dinkelacker, please click on the above photo or visit: http://www.supremecourtofohio.gov/Communications_Office/Press_Releases/2008/dinkelacker_highres.zip.
Contact: Chris Davey or Bret Crow at 614.387.9250.