MOTION DOCKET, 66 Ohio St.3d 1427 (1993)

608 N.E.2d 757-763Supreme Court of Ohio.
1993.

MOTION DOCKET Tuesday, March 9, 1993 91-1675. State v. Murphy. Marion County, No. 9-87-35. UPON CONSIDERATION of the motion filed by counsel for appellant to stay the execution of sentence in the above-styled cause pending the timely filing of a petition for a writ of certiorari in the Supreme Court of the United States,

IT IS ORDERED that said motion be, and the same is hereby, granted, effective March 5, 1993.

IT IS FURTHER ORDERED that the compliance with the mandate and the execution of sentence be, and the same are hereby, stayed, pending the timely filing of the petition in the Supreme Court of the United States.

IT IS FURTHER ORDERED that if such petition is timely filed, this stay shall continue for an indefinite period pending final disposition of this cause by the Supreme Court of the United States.

92-2303. State ex rel. Ohio Academy of Nursing Homes, Inc. v. Conrad. In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus. Upon consideration of respondents’ motion to dismiss,

IT IS ORDERED, effective March 8, 1993, that said motion to dismiss be, and hereby is, granted, with respect to relator’s third claim for relief based on contract. In all other respects, said motion to dismiss is overruled without prejudice to respondents’ right to raise the defense of res judicata by answer or motion for summary judgment.

PFEIFER, J., would also set this cause for oral argument.

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