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12/03/2008 Case Announcements

December 3, 2008

STATE
v.
HILL.



CASE ANNOUNCEMENTS

MOTION AND PROCEDURAL RULINGS

Hamilton App. No. C-920497. On motion to set execution date. Motion granted. It is further ordered that appellant's sentence be carried into execution by the Warden of the Southern Ohio Correctional Facility or, in his absence, by the Deputy Warden on Tuesday, March 3, 2009, in accordance with the statutes so provided.

It is further ordered that a certified copy of this order and a warrant under the seal of this court be duly certified to the Warden of the Southern Ohio Correctional Facility and that said Warden shall make due return thereof to the Clerk of the Court of Common Pleas of Hamilton County.

1998-1475. State v. Hartman.

Summit C.P. No. CR97-09-1987. On motion to set execution date. Motion granted. It is further ordered that appellant's sentence be carried into execution by the Warden of the Southern Ohio Correctional Facility or, in his absence, by the Deputy Warden on Tuesday, April 7, 2009, in accordance with the statutes so provided.

It is further ordered that a certified copy of this order and a warrant under the seal of this court be duly certified to the Warden of the Southern Ohio Correctional Facility and that said Warden shall make due return thereof to the Clerk of the Court of Common Pleas of Summit County.

O'Connor, J., not participating.

2008-0697. State ex rel. Weaver v. Bd. of Commrs. of Lake Cty.

In Mandamus. On request for oral argument. Request granted.

Pfeifer and O'Donnell, JJ., dissent.

2008-0703. Kelly v. May Assoc. Fed. Credit Union.

Summit App. No. 23423, 2008-Ohio-1507. On motion to dissolve stay. Motion granted.

2008-0780. Sheet Metal Workers' Internatl. Assn., Local Union No. 33 v. Gene's Refrig., Heating & Air Conditioning, Inc.

Medina App. No. 06CA0104-M, 2008-Ohio-1005. On motion for admission pro hac vice of Terry R. Yellig by Mark D. Tucker. Motion granted.

2008-1234. Rogers v. Planned Parenthood Cincinnati Region.

Certified Questions of State Law, United States Court of Appeals for the Sixth Circuit, Nos. 06-4422 and 06-4423. On motion for admission pro hac vice of Mailee R. Smith by Joel J. Kirkpatrick and motion for admission pro hac vice of Elisabeth A. Long by Benjamin C. Mizer. Motions granted.

2008-1294. Facundo v. Mukasey.

In Habeas Corpus. On motion for writ of replevin in cepit and notice of appeal. Motion denied.

2008-1308. State v. Smith.

Hamilton App. No. C-070216, 2008-Ohio-2469. On motion for leave to file a delayed cross-appeal. Motion granted.

Lundberg Stratton, O'Donnell, and Cupp, JJ., dissent.

2008-1837. In re Application of Duke Energy Ohio, Inc.

Public Utilities Commission, Nos. 07-589-GA-AIR, 07-590-GA-ALT, and 07-591-GA-AAM. On motion for admission pro hac vice of David C. Rinebolt by Colleen L. Mooney. Motion granted.

2008-1842. State ex rel. Myles v. Brunner.

In Mandamus. On motion for attorney fees and costs. Motion denied. Relator's filing fee and deposit for costs shall be refunded.

William H. Wolff Jr., J., of the Second Appellate District, sitting for Lundberg Stratton, J.

Lynn C. Slaby, J., of the Ninth Appellate District, sitting for O'Connor, J.

2008-1853. State v. Jones.

Mahoning App. No. 06 MA 109, 2008-Ohio-1541. On motion for leave to file delayed appeal. Motion denied.

2008-1878. State v. Runyon.

Butler App. No. CA2007-05-121. On motion for leave to file delayed appeal. Motion granted.

O'Connor, O'Donnell, and Lanzinger, JJ., dissent.

2008-1882. State v. Williams.

Marion App. No. 9-07-61, 2008-Ohio-3887. On motion for leave to file delayed appeal. Motion granted.

O'Connor, Lanzinger, and Cupp, JJ., dissent.

2008-1912. State v. Pompa.

Cuyahoga App. No. 90110, 2008-Ohio-3672. On motion for leave to file delayed appeal. Motion granted.

O'Connor, Lanzinger, and Cupp, JJ., dissent.

2008-1932. State v. Johnson.

Cuyahoga App. No. 90170. On motion for leave to file delayed appeal. Motion denied.

Moyer, C.J., dissents.

2008-1960. State v. Jackson.

Stark App. No. 2007-CA-00204, 2008-Ohio-3907. On motion for leave to file delayed appeal. Motion denied.

Pfeifer and Lundberg Stratton, JJ., dissent.

2008-1961. Murdock v. Hyde.

Butler App. No. CA2007-11-289, 2008-Ohio-4313. On motion for stay of court of appeals' judgment. Motion denied.

2008-1970. State v. Ingram.

Butler App. No. CA2007-10-247. On motion for leave to file delayed appeal. Motion granted.

Moyer, C.J., and O'Connor, J., dissent.

2008-1975. State v. Brown.

Summit App. No. 23737, 2008-Ohio-2956. On motion for leave to file delayed appeal. Motion denied.

Pfeifer, J., dissents.

2008-1976. State v. Gilmore.

Hamilton App. Nos. C-070521 and C-070522, 2008-Ohio-3475. On motion for leave to file delayed appeal. Motion denied.

Pfeifer, J., dissents.

2008-1983. State v. Love.

Lake App. No. 99-L-051. On motion for leave to file delayed appeal. Motion denied.

2008-1987. State v. Harner.

Clinton App. No. CA2008-06-020. On motion for leave to file delayed appeal. Motion denied.

Lanzinger and Cupp, JJ., dissent.

2008-1992. State v. DeVaughns.

Montgomery App. No. 22349, 2008-Ohio-4010. On motion for leave to file delayed appeal. Motion denied.

Pfeifer and Lundberg Stratton, JJ., dissent.

2008-1993. State v. Watts.

Cuyahoga App. No. 90435, 2008-Ohio-3792. On motion for stay of court of appeals' judgment. Motion denied.

2008-2000. State v. Woyan.

Erie App. No. E-06-043, 2007-Ohio-6376. On motion for leave to file delayed appeal. Motion denied.

2008-2013. State v. Johnson.

Lucas App. No. L-06-1348, 2008-Ohio-2573. On motion for leave to file delayed appeal. Motion denied.

Pfeifer, J., dissents.

2008-2024. State v. Jeter.

Erie App. No. E-06-054, 2007-Ohio-6127. On motion for leave to file delayed appeal. Motion denied.

2008-2042. State v. Whitaker.

Scioto App. No. 07CA3168, 2008-Ohio-4149. On motion for leave to file delayed appeal. Motion granted.

O'Connor and Cupp, JJ., dissent.

2008-2050. State v. Ferguson.

Franklin App. No. 07AP-640, 2008-Ohio-3827. On motion for leave to file delayed appeal. Motion denied.

Pfeifer and Lundberg Stratton, JJ., dissent.

2008-2072. Cleveland v. Abrams.

Cuyahoga App. Nos. 89904 and 89929, 2008-Ohio-4589. On motion for stay of court of appeals' judgment. Motion denied.

Moyer, C.J., and O'Connor and Cupp, JJ., dissent.

APPEALS ACCEPTED FOR REVIEW

2008-1255. State v. Singleton.

Cuyahoga App. No. 90042, 2008-Ohio-2351. Discretionary appeal accepted.

Moyer, C.J., and Lanzinger, J., would also hold the appeal for the decisions in 2007-0693, State v. Bloomer, Fulton App. No. F-06-012, 2007-Ohio-1039, 2007-1415, State v. Mosmeyer, Hamilton App. No. C-060747, and 2007-1439, State v. Barnes, Portage App. No. 2006-P-0089, 2007-Ohio-3362.

Cupp, J., would also hold the appeal for the decision in 2007-2373, State v. Boswell, Cuyahoga App. Nos. 88292 and 88293, 2007-Ohio-5718.

Pfeifer and O'Connor, JJ., dissent. Discretionary cross-appeal not accepted.

2008-1350. Cepeda v. Lutheran Hosp.

Cuyahoga App. No. 90031, 2008-Ohio-2348. Discretionary appeal accepted; cause held for the decision in 2007-1832, Roe v. Planned Parenthood Southwest Ohio Region, Hamilton App. No. C-060557, 173 Ohio App.3d 414, 2007-Ohio-4318; and briefing schedule stayed.

Moyer, C.J., and Pfeifer, J., dissent.

2008-1452. State v. Cargile.

Cuyahoga App. No. 89964, 2008-Ohio-2783.

Pfeifer, J., dissents.

2008-1460. Youngstown v. Traylor.

Mahoning App. No. 07 MA 102, 2008-Ohio-2971.

Pfeifer and O'Connor, JJ., dissent.

2008-1463. Krieger v. Cleveland Indians Baseball Co.

Cuyahoga App. Nos. 89314, 89428, and 89463, 176 Ohio App.3d 410, 2008-Ohio-2183. Discretionary appeal accepted on Proposition of Law No. I.

Moyer, C.J., and Lundberg Stratton, J., would also accept the appeal on all other Propositions of Law.

Cupp, J., would also accept the appeal on Proposition of Law No. II. Pfeifer and O'Donnell, JJ., dissent.

2008-1478. State ex rel. Associated Builders & Contractors of Cent. Ohio v. Franklin Cty. Bd. of Commrs.

Franklin App. No. 08AP-301, 2008-Ohio-2870. Discretionary appeal accepted on Proposition of Law No. III.

Lundberg Stratton and O'Donnell, JJ., would also accept the appeal on all other Propositions of Law.

Pfeifer, Lanzinger, and Cupp, JJ., dissent.

2008-1480. Cincinnati City School Dist. Bd. of Edn. v. State Bd. of Edn.

Hamilton App. No. C-070494, 176 Ohio App.3d 678, 2008-Ohio-2845.

Pfeifer, O'Connor, and O'Donnell, JJ., dissent.

2008-1568. Greenspan v. Third Fed. Savings & Loan.

Cuyahoga App. No. 89850, 177 Ohio App.3d 372, 2008-Ohio-3528. Discretionary appeal accepted.

Moyer, C.J., and Pfeifer and Lanzinger, JJ., dissent.

Motions for admission pro hac vice of Richard E. Shevitz and Vess A. Miller by Mark Schlachet granted.

2008-1578. In re T.F.

Summit App. No. 23979, 2008-Ohio-3106. Discretionary appeal accepted on Proposition of Law No. I; cause held for the decision in 2007-0291 and 2007-0472, State v. D.H., Franklin App. No. 06AP-250, 169 Ohio App.3d 798, 2006-Ohio-6953; and briefing schedule stayed.

Lanzinger and Cupp, JJ., would also accept the appeal on Proposition of Law No. II.

Pfeifer, Lundberg Stratton, and O'Connor, JJ., dissent.

2008-1624. In re Smith.

Allen App. No. 1-07-58, 2008-Ohio-3234.

Cupp, J., would accept the appeal on Proposition of Law Nos. I, II, and III only.

2008-1630. State v. Chiominto.

Lake App. No. 2007-L-138, 2008-Ohio-3393. Discretionary appeal accepted; cause held for the decision in 2007-2389, State v. Thompson, Fairfield App. No. 2007-CA-00006, 2007-Ohio-6098; and briefing schedule stayed.

Moyer, C.J., and Pfeifer and Cupp, JJ., dissent.

2008-1725. State v. Lester.

Hamilton App. No. C-070383, 2008-Ohio-3570.

Moyer, C.J., and Pfeifer, J., dissent.

APPEALS NOT ACCEPTED FOR REVIEW

2008-0758. Estate of Thompson v. Club Car, Inc.

Richland App. No. 07 CA 70.

Moyer, C.J., and O'Connor, J., dissent and would accept the appeal on Proposition of Law Nos. I and II.

2008-0912. State v. Wheat.

Stark App. No. 2007 CA 00165, 2008-Ohio-671.

2008-1169. State v. Reeds.

Lake App. No. 2007-L-120, 2008-Ohio-1781.

2008-1173. State v. Collins.

Cuyahoga App. No. 89668, 2008-Ohio-2363.

2008-1322. State ex rel. Auto-Owners Ins. v. Wortham.

Montgomery App. No. 22540, 176 Ohio App.3d 611, 2008-Ohio-2873.

Pfeifer and O'Connor, JJ., dissent.

2008-1348. State v. Smith.

Hamilton App. No. C-060991, 2008-Ohio-2561. Discretionary appeal not accepted.

O'Connor, J., dissents and would accept the appeal on Proposition of Law No. I.

Discretionary cross-appeal not accepted.

Moyer, C.J., and Lundberg Stratton, J., dissent and would accept the cross-appeal and hold the cause for the decision in 2007-1812, State v. Harris, Hamilton App. No. C-060587.

Lanzinger, J., dissents and would accept the cross-appeal on Proposition of Law No. I and hold the cause for the ...


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