Opinion

Kimble Mixer Co. v. St. Vincent, Unpublished Decision (5-2-2006)

  • 2006 Ohio 2258
Court
Ohio Court of Appeals
Filed
May 2, 2006
Status
Unpublished
On the bench
HON. JOHN W. WISE Hon. William B. Hoffman Hon. Sheila G. Farmer
Cited by
2 cases

The opinion

{¶ 115} I concur with the majority's disposition in Assignment of Error II. However, I do believe it was error to admit appellant's 1980 expunged conviction because of its age and because of the Ohio General Assembly's specific purpose in permitting rehabilitated first offenders to expunge a conviction. I would find such error was harmless given the admissibility of the 1998 conviction and prior civil lawsuits.

{¶ 116} I further concur with the majority's decision in Assignment of Error IV. However, I would find the trial court's method of questioning and comments slipped beyond the pale. Trial courts are regarded by jurors as the impartial convenor and safety valve during the fray of litigation. The trial court's comments were clearly objectionable. It is unfortunate that in an adversary system, an objection to a trial court's question has a chilling effect on the jury and on the objection. Immediately, it is presumed the objection is trying to hide something or appellant's case was damaged by the comments. Nevertheless, without an objection, I would find the majority was correct

JUDGMENT ENTRY

For the reasons stated in our accompanying Memorandum-Opinion, the judgment of the Court of Common Pleas of Tuscarawas County, Ohio, is affirmed.

Costs assessed to Appellant St. Vincent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.