545 N.E.2d 1277-1286Supreme Court of Ohio.
1989.

MOTION DOCKET Wednesday, October 18, 1989 86-425. State v. Post. Lorain County, No. 3868. On motion to produce and transmit record. Motion denied.

Wright, J., dissents.

86-1846. State v. Hamblin. Cuyahoga County, No. 49975. On motion to produce and transmit record. Motion denied.

Wright, J., dissents.

88-1271. State v. Williford. Cuyahoga County, No. 54193. On motion to strike. Motion denied.

Holmes, Wright and Resnick, JJ., dissent.

89-70. State v. Montgomery. Lucas County, No. L-86-395. On motion to tax supplemental record as costs. Motion granted.

89-167. State, ex rel. Ohio Co., v. Maschari. In Prohibition. On motion for leave to file amicus of United Shareholders Association and on motion to hold oral arguments on same date as those in 88-1940, Stepar v. Schey, Cuyahoga County, No. 54268. Motions granted.

89-494. Brauning v. Cincinnati Gas Electric Co. Hamilton County, No. C-880029. On motion for leave to file amicus of Ohio Academy of Trial Lawyers. Motion granted.

89-538. Hillsboro v. Fraternal Order of Police, Ohio Labor Council, Inc. Highland County, No. 687. On motion for leave to file amicus of Ohio Municipal League. Motion granted.

89-558. Cincinnati Metro. Hous. Auth. v. State Emp. Relations Bd. Hamilton County, No. C-880205. On request for judicial notice. Request denied.

H. Brown, J., dissents.

89-625. Jennings v. BOC Group, General Motors Corp. Trumbull County, No. 4005. On motion to consolidate with 88-1372, Schell
v. Globe Trucking, Inc., Ottawa County, No. OT-87-27. Motion denied. Sua sponte, cause held for decision in Schell.
89-722. State v. Spirko. Van Wert County, No. 15-84-22. On motion to amend merit brief. Motion granted.

89-765. State, ex rel. Pizza, v. Strope. Lucas County, No. L-88-045. On motion for leave to file amicus of American Civil Liberties Union of Ohio Foundation, Inc. Motion granted.

89-812. State v. Chippendale. Warren County, No. CA88-07-054. On motion for leave to file amicus of Ohio Association of Criminal Defense Lawyers. Motion denied.

Sweeney, Douglas and H. Brown, JJ., dissent.

89-868. State v. Sinica. Allen County, No. 1-86-47. On motion for leave to file instanter. Motion denied.

89-1082. Trussell v. General Motors Corp. Montgomery County, No. CA 10933.

Page 704

On motion to consolidate with 89-1081, Trussell v. General Motors Corp., Montgomery County, No. CA 10933. Motion granted.

89-1084. State, ex rel. Jones, v. Ruggeri. Cuyahoga County, No. 56572. On motion to supplement the record. Motion denied.

Holmes, J., dissents.

89-1102. State, ex rel. Carter, v. Third Dist. Court of Appeals. In Procedendo. On motion for findings of fact and conclusions of law. Motion denied.

89-1168. State, ex rel. Fant, v. Pub. Emp. Retirement Bd Franklin County, No. 89AP-37. On motion for leave to file memorandum in support instanter. Motion denied.

Moyer, C.J., not participating.

89-1223. Ohio Real Estate Comm. v. Ruffin. Cuyahoga County, No. 56404. On motion for leave to file memorandum in support instanter. Motion granted.

Moyer, C.J., and H. Brown, J., dissent.

89-1239. State v. Wiseman. Richland County, No. CA-2562. On motion for leave to file delayed appeal. Motion granted.

Moyer, C.J., and Wright, J., dissent.

89-1256. Marbury v. Indus. Comm. Montgomery County, No. 11319. On motion for leave to file memorandum in support instanter. Motion granted.

Moyer, C.J., Wright and H. Brown, JJ., dissent.

89-1297. State v. Glover. Coshocton County, No. 88-CA-20. On motion for leave to file delayed appeal. Motion granted.

Moyer, C.J., and Holmes, J., dissent.

89-1303. State, ex rel. Dispatch Printing Co., v. Solove Franklin County, No. 89AP-323. On motions for leave to fil amicus of Ohio Association of Juvenile and Family Court Judges, Ohio Association of Criminal Defense Lawyers, and Federation for Community Planning. Motions granted.

89-1353. United Properties Belvoir Cliff Apartments v. Blanchard. Cuyahoga County, No. 55358. On motion for leave to file memorandum in support instanter. Motion granted.

89-1415. Akron v. Cook. Summit County, No. 13969. On motion to consolidate with 89-44, State v. Smorgala, Lorain County, No. 4282, or in the alternative to stay. Motion denied.

89-1446. Walsh v. Allstate Ins. Co. Clermont County, No. CA88-11-085. On motion for leave to file memorandum in support instanter. Motion granted.

89-1457. Blubaugh v. Jefferson Cty. Joint Vocational School Dist. Bd. of Edn. Jefferson County, No. 88-J-9. On motion for leave to file memorandum in support instanter. Motion granted.

89-1486. State v. Douglas. Greene County, No. 88-CA-63. On motion to withdraw as counsel. Motion granted.

89-1505. State v. Jurek. Cuyahoga County, No. 55525. On motion for leave to file delayed appeal. Motion granted.

89-1521. Margelefsky v. Blumensaadt. Lucas County, No. L-88-188. On motion for leave to file notice of appeal instanter. Motion denied.

Moyer, C.J., H. Brown and Resnick, JJ., dissent.

89-1533. State v. Jamar. Van Wert County, No. 15-85-25. On motion for leave to file delayed appeal. Motion denied.

Sweeney and Douglas, JJ., dissent.

89-1565. State v. McNeil. Summit County, No. 13896. On motion for leave to file memorandum in support instanter. Motion granted.

H. Brown, J., dissents.

89-1582. Covitt v. Bass Chevrolet, Inc. Cuyahoga County, No. 55515. On motion for leave to file memorandum in support instanter. Motion granted.

89-1590. State v. Drawdy. Cuyahoga County, No. 52154. On motion for leave to file delayed appeal. Motion denied.

Holmes and Douglas, JJ., dissent.

89-1601. State v. Willingham. Cuyahoga County, Nos. 54711 and 54767. On motion for leave to file delayed appeal. Motion granted.

89-1654. State v. Baker. Lucas County, No. L-88-219. On motion for leave to file delayed appeal. Motion granted.

Resnick, J., not participating.

89-1757. State, ex rel. Multimedia, Inc., v. Whalen. In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus and was considered in a manner prescribed by law.

Page 705

Upon consideration of relator’s motion for a peremptory writ of mandamus or, in the alternative, an alternative writ of mandamus,

IT IS ORDERED by the court that said motion be granted to the extent that an alternative writ of mandamus is hereby issued, effective October 13, 1989.

IT IS FURTHER ORDERED by the court that respondent show cause on or before October 20, 1989, why the complaint for writ of mandamus should not be allowed.

Moyer, C.J., Sweeney, Douglas, H. Brown and Resnick, JJ., concur.

Holmes, J., dissents.

Wright, J., not participating.