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In re Disqualification of Cacioppo

Supreme Court of Ohio
May 2, 1996
77 Ohio St. 3d 1245 (Ohio 1996)

Opinion

No. 96-AP-051

Decided May 2, 1996.

ON AFFIDAVIT OF DISQUALIFICATION in Trumbull County Court of Common Pleas, Division of Domestic Relations case No. 95 DR 360.


This affidavit of disqualification was filed by Ted Macejko, Jr., counsel for defendant, Belinda L. Stuard, seeking the disqualification of Retired Judge Mary Cacioppo, sitting by assignment in Trumbull County, from further proceedings in the above-captioned case.

Affiant alleges that Judge Cacioppo and the guardian ad litem have engaged in ex parte communications, an allegation that is disputed in separate affidavits submitted by the judge and the guardian. The hearsay allegations of the affiant will not stand in the face of an affirmative denial by the trial judge of substantive ex parte contacts. In re Disqualification of Murphy (Feb. 13, 1989), No. 88-AP-131, unreported.

Accordingly, the affidavit is found not well taken and is denied. The case shall proceed before Judge Cacioppo.


Summaries of

In re Disqualification of Cacioppo

Supreme Court of Ohio
May 2, 1996
77 Ohio St. 3d 1245 (Ohio 1996)
Case details for

In re Disqualification of Cacioppo

Case Details

Full title:IN RE DISQUALIFICATION OF CACIOPPO. STUARD v. STUARD

Court:Supreme Court of Ohio

Date published: May 2, 1996

Citations

77 Ohio St. 3d 1245 (Ohio 1996)
674 N.E.2d 356

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