MOTION AND PROCEDURAL RULINGS, 100 Ohio St.3d 1441 (2003)

2003-Ohio-5820, 797 N.E.2d 1289Supreme Court of Ohio.
2003.

MOTION AND PROCEDURAL RULINGS Announcement October 31, 20031998-0520. State v. Bays.

Greene App. No. 95CA118. On December 8, 1999, this court stayed the execution of sentence in this cause pending exhaustion of appellant’s state post-conviction remedies. It appearing to the court that all matters have been disposed of in case No. 1998-0520, appellant’s direct appeal of his conviction, and in case No. 2003-1348, appellant’s post-conviction appeal,

IT IS ORDERED by the court, sua sponte, that the stay of execution entered in this cause on December 8, 1999, be and hereby is revoked.

IT IS HEREBY ORDERED by this court that said sentence be carried into execution by the Warden of the Southern Ohio Correctional Facility or, in his absence, by the Deputy Warden on Monday, the 26th day of January, 2004, in accordance with the statutes so provided.

IT IS FURTHER ORDERED that a certified copy of this entry 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 Greene County.

1998-1074. State v. Jalowiec.

Lorain App. No. 96CA006445. On May 31, 2001, this court stayed the execution of sentence in this cause pending disposition of appellant’s petition for a writ of certiorari in the Supreme Court of the United States and pending exhaustion of state post-conviction remedies. It appearing to the court that all matters have been disposed of in case No. 1998-1074, appellant’s direct appeal of his conviction, and in case No. 2003-1286, appellant’s post-conviction appeal,

IT IS ORDERED by the court, sua sponte, that the stay of execution entered in this cause on May 31, 2001, be and hereby is revoked.

IT IS HEREBY ORDERED by this court that said sentence be carried into execution by the Warden of the Southern Ohio Correctional Facility or, in his absence, by the Deputy Warden on

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Friday, the 30th day of January, 2004, in accordance with the statutes so provided.

IT IS FURTHER ORDERED that a certified copy of this entry 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 Lorain County.

2002-1415. Hager v. Waste Technologies Industries.

Columbiana App. No. 2000-CO-45, 2002-Ohio-3466. This cause came on for further consideration upon appellants’ motion to supplement oral argument. Upon consideration thereof,

IT IS ORDERED by the court that the motion to supplement oral argument be, and hereby is, denied as moot.

2002-2025. Perrysburg Twp. v. Rossford.

Wood App. Nos. WD-02-010 and WD-02-011, 2002-Ohio-6364. This cause is pending before the court as an appeal and cross-appeal from the Court of Appeals for Wood County. Upon consideration of the motion of amicus curiae Attorney General of Ohio to participate in oral argument scheduled for November 18, 2003,

IT IS ORDERED by the court that the motion to participate in oral argument be, and hereby is, granted, and amicus curiae shall be allotted five minutes.

2003-1549. Morrison v. Unizan Bank.

Franklin App. No. 03AP-721. This cause is pending before the court as a claimed appeal of right. The name of Greggory Slemmer, Attorney Registration No. 0064888, is listed as counsel for appellant in this case. Whereas, when this appeal was filed, Greggory Slemmer was not registered for active status as an attorney in this state pursuant to Gov.Bar R. VI, and as required by S.Ct.Prac. R. I(1),

IT IS ORDERED by the court, sua sponte, that the name of Greggory Slemmer be, and hereby is, stricken from this case and that Greggory Slemmer shall not be permitted to participate in this case.

2003-1564. Coop v. Brown.

Lucas App. No. L-02-1352, 2003-Ohio-3840. This cause is pending before the court as a discretionary appeal and cross-appeal. On October 17, 2003, appellee Deanna Cope filed a notice of bankruptcy filing and suggestion of stay. Upon consideration thereof,

IT IS ORDERED by the court that the proceedings in this case be, and hereby are, stayed pending further order of this court.

IT IS FURTHER ORDERED by the court, sua sponte, that appellee Deanna Cope shall file a notice with this court upon termination of the automatic stay under the Bankruptcy Code.