538 N.E.2d 1064-1072Supreme Court of Ohio.
1989.
MOTION DOCKET Wednesday, May 10, 1989 86-642. State v. Beuke. Hamilton County, No. C-830829.
86-1099. State v. Spisak. Cuyahoga County, Nos. 47458 and 47459.
86-1976. State v. Bedford. Hamilton County, No. C-840850.
The following order was entered in each of the above three cases:
Upon consideration of the motion filed by counsel for appellant to stay the execution of sentence in the above-styled cause pending the exhaustion of state post-conviction remedies, IT IS ORDERED by the court that said motion be, and the same is hereby, granted, effective May 2, 1989.
IT IS FURTHER ORDERED by the court that said stay is granted for a period of six months to allow appellant an opportunity to file a petition for post-conviction relief. Absent such a filing within said time period, this stay will expire, and no further time will be granted except in unusual circumstances.
IT IS FURTHER ORDERED by the court that if a petition for post-conviction relief has been filed within the time allotted, a date-stamped copy of such petition shall be filed by appellant with the Clerk of this court, and this stay shall remain in effect until exhaustion of all state post-conviction proceedings, including any appeals.
IT IS FURTHER ORDERED by the court that the compliance with the mandate and execution of sentence be, and the same are hereby, stayed for a period of six months, or, if a petition for post-conviction relief is filed within that time period, pending the exhaustion of all proceedings for post-conviction relief before courts of this state.
87-1334. State v. DePew. Butler County, No. CA85-07-075. Upon consideration of the motion filed by counsel for appellant to stay the execution of sentence in the above-styled cause pending the exhaustion of state post-conviction remedies, IT IS ORDERED by the court that said motion be, and the same is hereby, granted, effective May 1, 1989.
IT IS FURTHER ORDERED by the court that said stay is granted for a period of six months to allow appellant an opportunity to file a petition for post-conviction relief. Absent such a filing within said time period, this stay will expire, and no further time will be granted except in unusual circumstances.
IT IS FURTHER ORDERED by the court that if a petition for post-conviction relief has been filed within the time allotted, a date-stamped copy of such petition shall be filed by appellant with the Clerk of this court, and this stay shall remain in effect until exhaustion of all state post-conviction proceedings, including any appeals.
IT IS FURTHER ORDERED by the court that the compliance with the mandate and execution of sentence be, and the same are hereby, stayed for a period of six months, or, if a petition for post-conviction relief is filed within that time period, pending
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the exhaustion of all proceedings for post-conviction relief before courts of this state.
88-1296. Miller v. Ritchie. Clermont County, No. CA87-08-070. On motion for leave to file amicus of Cleveland Tenants Organization. Motion granted, effective May 3, 1989.
Holmes, J., dissents.
88-1651. Heritage Hills, Ltd. v. Deacon. Ross County, No. 1423. On motion for leave to file amicus of Athens Metro. Hous. Auth. Motion granted.
88-2030. Harris v. Ohio Bur. of Emp. Serv. Trumbull County, No. 3899. On motion to consolidate with 88-2031, Arnoto v. Bd. of Review, Mahoning County No. 87 C.A. 80. Motion granted.
88-2163. In re Adoption of Charles B. Licking County, No. CA-3382. On motion for leave to file amicus of the Institute for Child Advocacy. Motion granted.
Wright, J., not participating.
88-2174. Karnes v. Doctors Hospital. Franklin County, No. 87AP-1028. On motion to supplement original papers. Motion granted.
88-2208. Albain v. Flower Hospital. Lucas County, No. L-87-290. On motion for leave to file amicus of Ohio Hosp. Assn. Motion granted.
Resnick, J., not participating.
89-148. State v. Baker. Cuyahoga County, No. 54439. On motion for leave to file delayed appeal. Motion granted.
Wright, J., dissents.
89-167. State, ex rel. Ohio Co., v. Maschari. In Prohibition. On motion for leave to intervene of Maureen Gergley. Motion granted. On motions to dismiss. Motions overruled.
89-198. State v. Phillips. Cuyahoga County, No. 53912. On motion to file cross-appeal on denial of motion to certify. Motion denied.
89-436. Garlikov v. Kuntz. Montgomery County, No. 11045. On motion to dismiss. Motion to dismiss overruled.
Wright and Resnick, JJ., dissent.
89-442. Pang v. Minch. Cuyahoga County, No. 54729. On motion for leave to file cross-appeal instanter. Motion granted.
Resnick, J., dissents.
89-523. In re Murray, Minor Children. Stark County, No. CA-7575. On motion for appointment of counsel. This court orders a limited remand of this cause to the court of appeals for that court to appoint counsel; this cause is to proceed without the prepayment of court costs.
Holmes, J., dissents.
89-564. State v. Frazier. Butler County, No. CA88-04-051. On motion to reduce bail. Motion denied.
89-566. Griswold Institute v. Walter. Franklin County, No. 87AP-1164. On motion for leave to file memorandum in support instanter. Motion denied.
Sweeney, Douglas and H. Brown, JJ., dissent.
89-598. Cleveland v. Krakowski. Cuyahoga County, Nos. 54712, 54713, 55890 and 55891. On motion for stay and for bond. Stay granted and bond continued.
Holmes, H. Brown and Resnick, JJ., dissent.