663 N.E.2d 1300, 1305Supreme Court of Ohio.
1996.

MOTION DOCKET Wednesday, May 8, 1996 87-1614. State v. Benner. Summit County, No. 12664. On motion for reconsideration under S.Ct.Prac.R. XI(1)(B). Motion denied and execution date set. 88-717. State v. Tyler. Cuyahoga County, No. 51696. On motion for reconsideration under S.Ct.Prac.R. XI(1)(B). Motion denied.

89-2128. State v. Jackson. Cuyahoga County, No. 55758. On motion for reconsideration under S.Ct.Prac.R. XI(1)(B). Motion denied.

On motion to set execution date. Motion granted.

90-1815. State v. Slagle. Cuyahoga County, No. 55759. On motion for reconsideration under S.Ct.Prac.R. XI(1)(B). Motion denied.

91-374. State v. Rojas. Hamilton County, No. C-880332. On motion for reconsideration under S.Ct.Prac.R. XI(1)(B). Motion denied.

91-963. State v. Carter. Hamilton County, No. C-890513. On motion for reconsideration under S.Ct.Prac.R. XI(1)(B). Motion denied.

Page 1475

91-2417. State v. Lewis. Cuyahoga County, No. 59535. On motion for reconsideration under S.Ct.Prac.R. XI(1)(B). Motion denied.

On motion to set execution date. Motion granted.

92-405. State v. Hawkins. Hamilton County, Nos. C-920092 and C-910017. On motion for reconsideration under S.Ct.Prac.R. XI(1)(B). Motion denied.

94-722. State v. Fautenberry. Hamilton County, No. C-920734. On motion for reconsideration under S.Ct.Prac.R. XI(1)(B). Motion denied.

95-58. State ex rel. Huebner v. W. Jefferson Village Council Madison County, No. CA94-08-030. On application for attorney fees. Application denied and costs denied.

MOYER, C.J., and COOK, J., dissent and would allow attorney fees only.

STRATTON, J., not participating.

95-1380. State ex rel. Alben v. State Emp. Relations Bd. In Mandamus. On request for oral argument. Request denied.

F.E. SWEENEY, J., dissents.

95-1703. Nehls v. Quad K Advertising. Cuyahoga County, No. 67358. On motion to remand appeal to implement settlement. Motion granted and cause remanded to the court of appeals with instructions for it to remand to the court of common pleas.

RESNICK, PFEIFER and COOK, JJ., dissent.

95-1779. Columbus Metro. Community Action Org. v. Enyart Franklin County, No. 94APE12-1802. On motion to retrieve attorney fees and costs. Motion denied.

STRATTON, J., not participating.

96-18. State ex rel. Vance v. Marikis. Franklin County, No. 94APD12-1784. On motion to consolidate case with 96-472, State ex rel. Vance v. Marikis, Franklin County, No. 94APD12-1784. Motion granted.

96-65. State v. Brown. Cuyahoga County, No. 67653. On motion for appeal bond. Motion denied.

96-136. In re Election of November 7, 1995 for the Office of Member of Rock Hill Local School Dist. Bd. of Edn. Lawrence County, No. 95OC873. On motion to dismiss appeal of Wanda Jenkins. Motion denied.

On motion to dismiss appeal of Lawrence County Board of Elections. Motion granted.

On motion to amend notice of appeal of Lawrence County Board of Elections. Motion denied.

On motion to supplement record by Lawrence County Board of Elections. Motion denied.

96-312. Keppel v. Keppel Estate. Lorain County, No. 95CA006157. On review of order certifying a conflict. The court determines that a conflict exists; sua sponte, cause held for the decision in 94-2569, Cole v. Holland, Summit County, No. 16703; briefing schedule stayed.

MOYER, C.J., F.E. SWEENEY and COOK, JJ., dissent.

96-445. Calvaruso v. Ohio Biodyne, Inc. Summit County, No. 17273. On motion to seal record/all documents filed in case. Motion granted.

PFEIFER, J., dissents.

96-468. State v. Howe. Montgomery County, No. 13969. On motion to consolidate with 96-676, State v. Howe, Montgomery County, No. 15139. Motion granted.

PFEIFER and COOK, JJ., dissent.

96-505. State v. Shephard. Montgomery County, No. 14045. On motion for leave to file delayed appeal. Motion denied.

96-574. State v. Moore. Franklin County, No. 95APA05-629. On motion for leave to file delayed appeal. Motion denied.

PFEIFER and STRATTON, JJ., dissent.

Page 1476

96-584. State ex rel. Jones v. Court of Common Pleas Montgomery County, No. 15657. On request for oral argument. Request denied.

96-639. State v. Kleve. Hamilton County, No. C-950384. On motion for stay of execution. Motion denied.

96-671. Incarnato v. Metro. Prop. Cas. Ins. Co. Tuscarawas County, No. 95AP050037. On review of order certifying a conflict. The court determines that a conflict exists; sua sponte, cause held for the decision in 95-269, Schaefer v. Allstate Ins. Co., Franklin County, No. 94APE04-507; briefing schedule stayed.

96-678. State v. Smith. Butler County, No. CA96-02-024. On motion to consolidate case with 96-677, State v. Smith, Butler County Court of Common Pleas, No. CR95050471. Motion granted.

96-679. State v. Casas. Medina County, Nos. 2451-M and 2452-M. On review of order certifying a conflict. The court determines that a conflict exists; sua sponte, cause held for decision in 95-859, Dayton v. Erickson, Montgomery County, No. 14712; briefing schedule stayed.

96-689. State v. Straughter. Franklin County, No. 95APA03-310. On motion for leave to file delayed appeal. Motion denied.

RESNICK and PFEIFER, JJ., dissent.

96-693. State v. Blair. Clark County, No. 2659. On motion for leave to file delayed appeal. Motion denied.

96-702. State v. McDade. Montgomery County, No. 14339. On motion for leave to file delayed appeal. Motion denied.

RESNICK and STRATTON, JJ., dissent.

96-734. State v. Parker. Wood County, No. WD-94-127. On motion for leave to file delayed appeal. Motion denied.

MOYER, C.J., RESNICK and STRATTON, JJ., dissent.

96-753. State v. Petty. Clermont County, No. CA95-05-028. On motion for leave to file delayed appeal. Motion granted.

DOUGLAS, F.E. SWEENEY and COOK, JJ., dissent.

96-770. In re Davis. Cuyahoga County, No. 68302. On motion for leave to file delayed appeal. Motion granted.

F.E. SWEENEY and COOK, JJ., dissent.

96-803. Miller v. Midwestern Indemn. Co. Montgomery County, No. 15360. On review of order certifying a conflict. The court determines that a conflict exists; sua sponte, cause held for the decision in 95-1653, New Hampshire Ins. Group v. Frost, Cuyahoga County, No. 67823; briefing schedule stayed.

96-820. State v. Lorraine. Trumbull County, No. 95-T-5196. On motion for stay of execution and to remand. Motion denied.

F.E. SWEENEY, J., dissents.

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