667 N.E.2d 22-29Supreme Court of Ohio.
1996.
MOTION DOCKET Wednesday, July 17, 1996 88-1074. State v. Hutton. Cuyahoga County, No. 51704. On motion to set execution date. Motion granted and September 22, 1996 set.
On motion to continue stay. Motion denied.
91-374. State v. Rojas. Hamilton County, No. C-880332. On motion to set execution date. Motion granted.
PFEIFER, J., would also set a date certain.
95-2575. Ohio Edison Co. v. Pub. Util. Comm. Public Utilities Commission, No. 93-1408-EL-CSS. On request to seal record/document. Request granted.
COOK, J., not participating.
95-2591. Sharon Village, Ltd. v. Licking Cty. Bd. of Revision. Board of Tax Appeals, No. 94-M-1214. On request for argument before full court. Request granted.
COOK, J., dissents.
95-2594. Derby Downs, Ltd. v. Licking Cty. Bd. of Revision. Board of Tax Appeals, No. 94-M-1215. On request for argument before full court. Request granted.
COOK, J., dissents.
95-2596. Cherry Lee, Ltd., Realty Dev. Co., #3 v. Licking Cty. Bd. of Revision. Board of Tax Appeals, Nos. 94-M-1325 and 94-M-1326. On request for argument before full court. Request granted.
COOK, J., dissents.
96-319. State ex rel. Neal v. Ohio Adult Parole Auth. In Mandamus. On request for findings of fact and conclusions of law. Request denied.
96-962. Luntz Corp. v. Ohio Edison Co. Public Utilities Commission, No. 94-1783-EL-CSS. On motion for leave to intervene of Ohio Edison Company. Motion granted.
COOK, J., not participating.
96-1165. State ex rel. Gannett Satellite Information Network v. Shirey. In Mandamus. On motion for admission pro hac vice of Max D. Truitt, Jr. by Karl P. Kadon. Motion granted.
96-1216. State v. Foster. Hamilton County, No. C-950449. On motion for leave to file delayed appeal. Motion granted.
MOYER, C.J., F.E. SWEENEY and COOK, JJ., dissent.
96-1244. State v. Reed. Cuyahoga County, No. 66246. On motion for leave to file delayed appeal. Motion denied.
96-1247. Zelch v. Plain Dealer Publishing Co. Cuyahoga County, No. 70460. On motion to expedite decision. Motion denied.
DOUGLAS and F.E. SWEENEY, JJ., dissent.
96-1268. Champion Spark Plug Co. v. Fid. Cas. Co. of New York. Lucas County, No. L-94-374. On motion for admission pro hac vice of Michael H. Ginsberg, motion for admission pro hac vice of David E. Trainor by Cormac DeLaney, and motion for admission pro hac vice of Katharine E. Tammaro by Cormac DeLaney. Motions granted.
96-1289. State v. Jackson. Madison County, No. CA95-12-039. On motion for stay pending disposition of 95-1377 and 95-1466, State v. Gustafson, Mahoning County, No. 94 C.A. 232. Motion granted.
PFEIFER and COOK, JJ., dissent.
STRATTON, J., not participating.
96-1294. State v. Grace. Summit County, No. 16950. On motion for leave to file delayed appeal. Motion denied.
STRATTON, J., dissents.
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96-1301. State v. Smith. Richland County, No. 94CA62. On motion for leave to file delayed appeal. Motion denied.
STRATTON, J., dissents.
96-1304. In re Riddle. Guernsey County, No. 96CA03. On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated in the court of appeals’ Judgment Entry filed May 15, 1996: “This matter is before this court upon appellant’s motion to certify conflict. Appellant argues this court’s decision in In the Matter of Travis Riddle, Jr. (April 11, 1996), Guernsey App. No. 96 CA 03, unreported, is in conflict with judgments pronounced by the Tenth District Court of Appeals in In re Reese (1982), 4 Ohio App.3d 59, 446 N.E.2d 482, In re Crisp (February 5, 1981), Franklin App. 80AP-678, unreported, and In re Darst (1963), 117 Ohio App. 374, 24 O.O.2d 144, 192 N.E.2d 287.
“Upon review, we agree and hereby certify the following question to the Supreme Court of Ohio:
“Can a trial court make a finding of neglect under R.C. 2151.03(A) if the child is being properly cared for by a relative who has not been declared legal guardian or custodian as those terms are defined in R.C. 2151.011(18) and R.C. 2151.011(26), respectively?”
COOK, J., dissents.
96-1333. State v. Kulczak. Summit County, No. 17258. On motion for leave to file delayed appeal. Motion granted.
F.E. SWEENEY, PFEIFER and COOK, JJ., dissent.
96-1347. State v. Edwards. Wayne County, No. 2706. On motion for leave to file delayed appeal. Motion denied.
COOK, J., not participating.
96-1349. State v. Smith. Lucas County, No. L-95-035. On motion for leave to file delayed appeal. Motion denied.
MOYER, C.J., and RESNICK, J., dissent.
96-1384. State v. Gordon. Ashtabula County, No. 92-A-1696. On motion for leave to file delayed appeal. Motion denied.
RESNICK, J., dissents.
STRATTON, J., dissents and would also deny appellant’s indigent status.
96-1410. In re Norris Children. Stark County, No. 1994CA00147. On review of order certifying a conflict. The court determines that a conflict exists; sua sponte, cause consolidated with 95-1788, infra, and held for the decision in 95-941, 95-942 and 95-1213, infra; briefing schedule stayed.
96-1429. Walters v. Enrichment Ctr. of Wishing Well. Cuyahoga County, No. 69159. On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated in the court of appeals’ entry filed May 24, 1996:
“We certify a conflict on the following narrow issue: Whether the denial of an asserted statutory privilege of confidentiality is a special proceeding for purposes of R.C. 2505.02 and therefore a final appealable order.”
F.E. SWEENEY, PFEIFER and COOK, JJ., dissent.