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IN RE DISQUALIFICATION OF BERENS

No. 05-AP-074.

117 Ohio St.3d 1235 (2005)

2005-Ohio-7155

IN RE DISQUALIFICATION OF BERENS. THE STATE OF OHIO v. SMITH.

Supreme Court of Ohio.

Decided August 12, 2005.

MOYER, C.J.

{¶ 1} Attorney Eric J. Allen — counsel for the defendant in the underlying case — has filed an affidavit with the clerk of this court under R.C. 2701.03 seeking the disqualification of Judge Richard E. Berens from acting on any further proceedings in case No. 2004-CR-451 in the Court of Common Pleas of Fairfield County.

{¶ 2} Allen states that Judge Berens represented the defendant...

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