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State Ex Rel. Russell v. Deweese.

November 2, 2011

STATE EX REL. RUSSELL
v.
DEWEESE.



CAS E ANNOUNCEMENTS

Cite as 11/02/2011 Case Announcements,

MERIT DECISIONS WITHOUT OPINIONS

In Mandamus. On motion to dismiss. Motion to dismiss granted. O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.

2011-1493.

State ex rel. Stokes v. Cuyahoga Cty. Sheriff Dept.

In Procedendo. On motion to dismiss. Motion to dismiss granted.

O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger,

Cupp, and McGee Brown, JJ., concur.

2011-1561. State ex rel. Norris v. Milligan.

In Habeas Corpus. On petition for writ of habeas corpus of Robert Lee Norris.

Sua sponte, cause dismissed.

O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger,

Cupp, and McGee Brown, JJ., concur.

2011-1577. Sudberry v. Morgan.

In Quo Warrantor. On motion to dismiss. Motion to dismiss granted.

O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger,

Cupp, and McGee Brown, JJ., concur.

2011-1601. Wright v. Leis.

In Habeas Corpus. On petition for writ of habeas corpus of Christopher J. Wright.

Sua sponte, cause dismissed.

O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger,

Cupp, and McGee Brown, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2011-0572. State ex rel. Harsh v. Knab.

In Habeas Corpus. On motion for findings of fact and conclusions of law. Motion denied.

2011-1119. Pegg v. Mausser.

In Habeas Corpus. On motion for release from custody. Motion denied.

2011-1226. State ex rel. Roland v. Roland.

In Habeas Corpus. On request for final appealable order. Request denied.

2011-1364. Roberts v. Knab.

Ross App. No. 11CA3235. On motion for copy of index of record. Motion granted. On motion to supplement the record. Motion denied.

2011-1486. Westfield Ins. Co. v. Custom Agri Sys., Inc.

Certified Question of State Law, United States Court of Appeals for the Sixth

Circuit, No. 11-3213. On review of preliminary memorandum pursuant to Sup.Ct.Prac.R. 18.6. The court will answer the following questions:

(1) Are claims of defective construction/workmanship brought by a property owner claims for "property damage" caused by an "occurrence" under a commercial general liability policy?

(2) If such claims are considered "property damage" caused by an "occurrence," does the contractual liability exclusion in the commercial general liability policy preclude coverage for claims for defective construction/workmanship?

Pfeifer, Lanzinger, and McGee Brown, JJ., dissent.

2011-1568. State v. Harrison.

Cuyahoga App. No. 95666, 2011-Ohio-3258. On motion for delayed appeal. Motion denied.

Cupp and McGee Brown, JJ., dissent.

2011-1617. In re Feaster.

Summit App. No. 25395, 2011-Ohio-4222. On motion for stay. Motion granted. O'Connor, CJ., and Pfeifer and Lanzinger, JJ., dissent.

2011-1620. State v. Dawson.

Mahoning App. No. 09 MA 209, 2011-Ohio-2773. On motion for delayed appeal. Motion granted.

O'Connor, CJ., and Lundberg Stratton, J., dissent.

APPEALS ACCEPTED FOR REVIEW

2011-1053. Rowell v. Smith.

Franklin App. Nos. 10AP-675 and 10AP-708, 2011-Ohio-2809. Discretionary appeal accepted on Proposition of Law No. 1 only.

Pfeifer, Lundberg Stratton, and McGee Brown JJ., would also accept the appeal on Proposition of Law 2.

O'Donnell, Lanzinger, and Cupp, JJ., dissent and would not accept the appeal.

2011-1172. Miller v. Miller.

Delaware App. No. 10 CAF 09 0074, 2011-Ohio-2649. Discretionary appeal not accepted. Discretionary cross-appeal accepted on Proposition of Law No. 2 only. O'Donnell and Cupp, JJ., would also accept the cross-appeal on Proposition of Law No. 1.

McGee Brown, J., would also accept the appeal and the cross-appeal on Proposition of Law No. 1

O'Connor, CJ., and Pfeifer and Stratton, JJ., dissent and would not accept the appeal or the cross-appeal.

2011-1182. In re Ronald A.

Hamilton App. No. C-100635. Discretionary appeal accepted; cause held for the decision in 2011-0215, In re M.W., Cuyahoga App. No. 94737, 2010-Ohio-6362; and briefing schedule stayed.

O'Connor, CJ., would accept the appeal but hold only Proposition of Law No. 1 for 2011-0215, In re M.W., Cuyahoga App. No. 94737, 2010-Ohio-6362. Lanzinger, J., would not accept Proposition of Law No. 2.

2011-1194. State v. Griffis.

Muskingum App. No. CT2010-57, 2011-Ohio-2955. Discretionary appeal accepted on Proposition of Law No. 1; cause held for the decision in 2011-0202, State v. Qualls, Meigs App. No. 10CA8, 2010-Ohio-5316; and briefing schedule stayed.

O'Connor, CJ., would also accept Proposition of Law No. 2 but would not hold that proposition for the decision in 2011-0202, State v. Qualls, Meigs App. No. 10CA8, 2010-Ohio-5316.

Pfeifer and McGee Brown, JJ., dissent and would not accept the appeal.

2011-1261. State v. Turner.

Cuyahoga App. No. 95438, 2011-Ohio-2785. Discretionary appeal accepted; cause held for the decision in 2011-0202, State v. Qualls, Meigs App. No. 10CA8, 2010- Ohio-5316; and briefing schedule stayed.

McGee Brown, J., dissents.

APPEALS NOT ACCEPTED FOR REVIEW

2011-1146. State v. Miller.

Cuyahoga App. No. 94662, ...


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