Posted: October 20, 2008
Federal judge remands Myhal/Mahal case to Ohio Supreme Court
Secretary Brunner removed the case to federal district court and Judge Smith sent the case back to the Ohio Supreme Court saying that petitioner's claim does not arise under federal law but rather seeks to enforce the state law that implements the federal law. Plaintiff, David Myhal*, has campaigned for 4 of the justices in the past. Justices Terrence O'Donnell and Robert Cupp have not recused themselves while Justices Lundberg Stratton and O'Connor have. The remand order is posted on the case page.
*Note: The case name is Mahal though the proper spelling of Plaintiff's name is "Myhal".