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· 3/22/2024

Wakeman v. Smith

Citations

  • 2024 Ohio 1067

Syllabus

Partial trial court error in convicting and sentencing appellant on five counts of violating municipal junk motor vehicle ordinance. Judgment affirmed, in part, and reversed, in part. Osowik.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that the order “conclusively determines whether the challenged counsel will be allowed to prosecute”
  • vacating order disqualifying entire U.S. Attorney’s office, and finding that prosecutor was not conflicted, but that, even if she had been, a conflict-free prosecutor could have been appointed
  • vacating a district court’s disqualification of a United States Attorney and the United States Attorney’s Office, and noting that “there [is] no indication in the record that [the] [prosecutor] played any role whatsoever in the underlying civil action here . . .”
  • “An order disqualifying government counsel in a criminal case . . . is immediately appealable[.]”

Source: CourtListener parenthetical corpus (CC0).

Judges: Osowik

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.