Hamilton County Judges: Are The Judges Making More Mistakes or Is There An Increased Relaxation

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Hamilton County Judges : Are the judges making more mistakes or is there an

increased relaxation

Hamilton county judges try thousands of cases per year. In an overwhelming majority of the
case disposed, the verdict stands rendered. However, some cases are appealed, and of
those appealed, some of the cases are reversed. Kristen Del Guzzi of The Cincinnati Enquirer
conducted a study of cases handled by Hamilton County judges over a three-year period.

A popular misconception is that cases are always appealed. Not often does a losing party
have an automatic right of appeal. There usually must be a legal basis for the appeal—an
alleged material error in the trial—not just the fact that the losing party didn’t like the
verdict.

In a civil case, either party may appeal to a higher court. In a criminal case, only the
defendant has a right to an appeal in most states. Some states give the prosecution a limited
right to appeal to determine certain points of law. These appeals usually occur before the
actual trial begins.

An appeal is not a retrial or a new trial of the case. The appeals courts do not usually
consider new witnesses or new evidence. Appeals in either civil or criminal cases are usually
based on arguments that there were errors in the trial’s procedure or errors in the judge's
interpretation of the law.

The party appealing is called the appellant, or sometimes the petitioner. The other party is
the appellee or the respondent. The appeal is instituted with the filing of a notice of appeal.
This filing marks the beginning of the time period within which the appellant must file
a brief, a written argument containing that side's view of the facts and the legal arguments
upon which they rely in seeking a reversal of the trial court. The appellee then has a
specified time to file an answering brief. The appellant may then file a second brief
answering the appellee's brief.

The appellate court determines whether errors occurred in applying the law at the lower
court level. It generally will reverse a trial court only for an error of law. Not every error of
law, however, is cause for a reversal. Some are harmless errors that did not prejudice the
rights of the parties to a fair trial.

If the judgment is reversed, the appellate court will usually send the case back to a lower
court ( remand it) and order the trial court to take further action. It may order that

 a new trial be held,


 the trial court's judgment be modified or corrected,
 the trial court reconsider the facts, take additional evidence, or consider the case in
light of a recent decision by the appellate court.

In a civil case, an appeal doesn’t ordinarily prevent the enforcement of the trial court's
judgment. The winning party in the trial court may order the judgment executed. However,
the appealing party can file an appeal or supersedeas bond.
Court Comparison

20.80%
Reversal on Appealed 16.04%
11.29%

0.10%
Reversed 0.06%
0.45%

0.46%
Appealed 0.35%
4.01%

0.00% 5.00% 10.00% 15.00% 20.00% 25.00%

Common Pleas Court Domestic Court Municipal Court

Kristen Del Guzzi’s data showed that there is a higher number of cases appealed in the
Common Pleas Court having an appeal percentage of 4.01% followed by Municipal court
with 0.46% and domestic court having the least percentage of 35%.

Further, in the cases being reversed when appealed, the Municipal court has the highest
rate of reversal with 20.80% cases being reversed after being appealed. The Domestic court
has a 16.04% reversal of cases that are appealed with Common Pleas court having the least
reversal rate of 11.29%.

Hence, the Common Pleas court has the highest percentage of cases being appealed and the
percentage of cases being reversed is also comparative with the other courts.

The highest percentage of cases being appealed in the Common Pleas court belong to Fred
Cartolano, Robert Ruehlman and J. Howard Sundermann Jr. in the given order. The highest
percentage of cases being reversed after getting appealed belong to William Mathews,
William Morrissey and Patrick Dinkelacker in the given order.

The highest percentage of cases being appealed in the Municipal Court belong to Fred
Cartolano, Robert Ruehlman and J. Howard Sundermann Jr. in the given order. The highest
percentage of cases being reversed after getting appealed belong to William Mathews,
William Morrissey and Patrick Dinkelacker in the given order.

The highest percentage of cases being appealed in the Domestic court belong to Mike Allen,
Leslie Isaiah Gaines and Mark Schweikert in the given order. The highest percentage of cases
being reversed after getting appealed belong to John A. West, Mark Painter and Leslie Isaiah
Gaines in the given order.

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