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IN RE DISQUALIFICATION OF RASTATTER

No. 09-AP-028.

127 Ohio St.3d 1215 (2009)

2009-Ohio-7205

IN RE DISQUALIFICATION OF RASTATTER. THE STATE OF OHIO v. CUNNINGHAM.

Supreme Court of Ohio.

Decided April 16, 2009.

MOYER, C.J.

{¶ 1} William N. Merrell and David E. Smith, co-counsel for defendant, Charles Cunningham, have filed an affidavit with the clerk of this court under R.C. 2701.03 seeking the disqualification of Judge Douglas M. Rastatter from acting on any further proceedings in case No. 08-CR-0879, a death-penalty case in the Court of Common Pleas of Clark County.

{¶ 2} Affiants allege that Judge Rastatter has...

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