669 N.E.2d 851-862Supreme Court of Ohio.
1996.
MOTION DOCKET Wednesday, September 18, 1996 94-1230. State v. Lott. Cuyahoga County, No. 54537. On motion to set execution date. Motion denied.
COOK and STRATTON, JJ., dissent and would set a date.
95-341. State ex rel. Levin v. Schremp. Lorain County, No. 93CA005760. On motion to collect costs. Motion granted.
STRATTON, J., dissents.
COOK, J., not participating.
95-1535. Ardire v. Tracy. Board of Tax Appeals, No. 94-K-347. On motion to strike portions of notice of appeal and appellant’s merit brief. Motion granted.
95-2444. Cleveland Elec. Illum. Co. v. Pub. Util. Comm. Public Utilities Commission, No. 95-458-EL-UNC. On motion for leave of Cleveland to file motion for reconsideration and on motion for leave to file memorandum in support of Ohio Power Company’s motion for reconsideration by AMP-Ohio, Inc. Motions denied.
MOYER, C.J., RESNICK and F.E. SWEENEY, JJ., dissent.
95-2497. Jones v. Hartranft. Franklin County, No. 95APE02-139. On motion to strike. Motion granted.
MOYER, C.J., and PFEIFER, J., dissent.
On motion to supplement record. Motion denied.
MOYER, C.J., dissents and would grant the motion provided that the parties first agreed on what is part of the record.
PFEIFER, J., dissents.
96-38. Cleveland Elec. Illum. Co. v. Lake Cty. Bd. of Revision. Board of Tax Appeals, No. 95-K-849. Sua sponte, cause consolidated with 96-39, Duquesne Light Co. v. Lake Cty. Bd. of Revision, Board of Tax Appeals, No. 95-K-848; 96-40, Toledo Edison Co. v. Lake Cty. Bd. of Revision, Board of Tax Appeals, No. 95-K-843; 96-41, Cleveland Elec. Illum. Co. v. Lake Cty. Bd. of Revision, Board of Tax Appeals, No. 95-K-842; and 96-43, Ohio Edison Co. v. Lake Cty. Bd. of Revision, Board of Tax Appeals, No. 95-K-840.
COOK, J., not participating.
96-210 and 96-387. State v. McGee. Logan County, No. 8-94-38. On motion to participate in oral argument and memorandum opposing reversal for failure to file merit brief. Motion granted.
MOYER, C.J., F.E. SWEENEY and COOK, JJ., dissent.
96-331. State v. Parsons. Montgomery County, No. 14423. On motion to rule. Motion denied.
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96-645. State v. Mangini. Medina County, No. 2499-M. On motion to brief and argue. Motion denied.
PFEIFER, J., dissents.
96-1149. State v. Keith. Crawford County, No. 3-94-14. On motion to withdraw as counsel. Motion denied. Sua sponte, leave granted to file beyond time.
PFEIFER, J., dissents.
96-1307. State v. Green. Cuyahoga C.P., No. 328917. On motion for stay of execution of death sentence pending appeal. Motion granted.
F.E. SWEENEY and COOK, JJ., dissent.
96-1390. State v. Schlosser. Montgomery County, Nos. 14968 and 14976. 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’ Certificate of Conflict filed June 11, 1996, as follows:
“Having found that our judgment pronounced herein is in conflict with the judgment pronounced by the Court of Appeals for Preble County in State v. Haddix (1994), 93 Ohio App.3d 470
[638 N.E.2d 1096], and with the judgment pronounced by the Court of Appeals for Franklin County in State v. Rice (1995), 103 Ohio App.3d 388
[659 N.E.2d 826], with respect to a rule of law on which those cases were decided, the foregoing question is certified to the Supreme Court for final determination, pursuant to Section 2, Article IV, Ohio Constitution, and S.Ct.Prac.R. IV.
“`Is any culpable mental state required for a violation of R.C. 2923.32(A)(1) and, if so, what culpable mental state is required?’
“SO ORDERED.”
Sua sponte, cause consolidated with 96-1389, infra.
96-1559. State v. Tracy. Summit County, No. 17119. On motion for leave to file delayed appeal. Motion denied.
RESNICK and PFEIFER, JJ., dissent.
96-1566. State v. Gonzalez. Lorain County, No. 95CA006241. On motion for leave to file delayed appeal. Motion granted.
F.E. SWEENEY, J., dissents.
96-1597. State v. Davis. Tuscarawas County, No. 93AP100076. On motion for leave to file delayed appeal. Motion denied.
96-1604. State v. Doan. Hamilton County, No. C-940330. On motion for leave to file delayed appeal. Motion denied.
MOYER, C.J., dissents and would refer this cause to Disciplinary Counsel for investigation.
RESNICK and PFEIFER, JJ., dissent.
96-1612. State v. Miller. Hamilton County, No. C-950677. On motion for leave to file delayed appeal. Motion granted.
DOUGLAS and F.E. SWEENEY, JJ., dissent.
96-1630. State ex rel. The Logan Daily News v. Jones. In Mandamus. On answer of respondent. Sua sponte, alternative writ granted.
96-1638. State v. Bolden. Butler County, No. CA95-04-075. On motion for leave to file delayed appeal. Motion denied.
MOYER, C.J., and STRATTON, J., dissent.
96-1642. State v. Bogle. Montgomery County, No. 14774. On motion for leave to file delayed appeal. Motion granted.
DOUGLAS, F.E. SWEENEY and COOK, JJ., dissent.
96-1684. State v. Billings. Hamilton County, No. C-910660. On motion for leave to file delayed appeal. Motion denied.
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96-1686. State v. Davis. Montgomery County, Nos. 14748 and 15261. On motion for leave to file delayed appeal. Motion granted.
DOUGLAS, F.E. SWEENEY and STRATTON, JJ., dissent.
96-1687. State v. Walker. Franklin County, No. 95APA08-1010. On motion for leave to file delayed appeal. Motion granted.
DOUGLAS and F.E. SWEENEY, JJ., dissent.
96-1702. Jackson v. Brigner. Montgomery County, No. 15719. On motion to clarify briefing schedule. Motion granted; pursuant to S.Ct.Prac.R. VI(2)(A), appellees’ merit brief is not due until thirty days after appellant files her merit brief. Appellant’s previously filed memorandum in support of jurisdiction shall not be treated as her merit brief.
RESNICK, J., dissents.
96-1729. Painter v. State Auto. Ins. Co. Franklin County, No. 95APE12-1558. On motion to expedite decision on jurisdiction. Motion denied.
RESNICK, J., dissents.
STRATTON, J., not participating.
96-1746. State v. Hutton. Belmont County, No. 93-B-30. On motion for leave to file delayed appeal. Motion denied.
RESNICK, J., dissents.
96-1757. State v. Nelson. Licking County, No. 96CA30. On motion for leave to file delayed appeal. Motion denied.
RESNICK and STRATTON, JJ., dissent.
96-1758. State v. Billings. Hamilton County, No. C-941025. On motion for leave to file delayed appeal. Motion denied.
96-1767. State v. VanSlyke. Lucas County, No. L-94-353. On motion for leave to file delayed appeal. Motion denied.
96-1783. State v. Arndt. Stark County, No. CA8893. On motion for leave to file delayed appeal. Motion denied.
RESNICK, J., dissents.
96-1875. Consumers’ Counsel v. Pub. Util. Comm. Public Utilities Commission, Nos. 94-1964-EL-CSS, 95-1139-EL-COI, 94-1140-EL-COI, 95-299-EL-AIR and 95-300-EL-AIR. On motion for leave to intervene of the Cleveland Electric Illuminating Company and the Toledo Edison Company. Motion granted.
F.E. SWEENEY, J., dissents.
96-1886. Toledo v. Pub. Util. Comm. Public Utilities Commission, Nos. 95-1140-EL-COI and 95-299-EL-AIR. On motion for leave to intervene of the Cleveland Electric Illuminating Company and the Toledo Edison Company. Motion granted.
F.E. SWEENEY, J., dissents.
96-1889. Kaptur v. Pub. Util. Comm. Public Utilities Commission, Nos. 94-1964-EL-CSS, 95-1063-EL-AIS, 95-1139-EL-COI, 95-1140-EL-COI, 95-299-EL-AIR, 95-300-EL-AIR, 95-386-EL-AAM and 95-387-EL-AAM. On motion for leave to intervene of the Cleveland Electric Illuminating Company and the Toledo Edison Company. Motion granted.
F.E. SWEENEY, J., dissents.