MOTION DOCKET, 76 Ohio St.3d 1487 (1996)

669 N.E.2d 1157Supreme Court of Ohio.
1996.

MOTION DOCKET Thursday, September 26, 1996 95-1132. State v. Awkal.

Cuyahoga App. No. 66291. 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.

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.

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96-677. State v. Smith.

Butler C.P. No. CR9505471. This cause is pending before the court as an appeal and cross-appeal from the Court of Common Pleas of Butler County.

This court has granted a motion by appellee to release certain items of evidence in this case to the Probate Court of Butler County for distribution to heirs. The court’s order further provided that the evidence would be released to the probate court after photographs were substituted for the evidence. In furtherance of the court’s order,

IT IS ORDERED by the court, sua sponte, that, under the supervision of the Clerk of this court, the following steps shall be followed prior to release of the evidence:

1. Photographs shall be taken in the presence of counsel for both parties. The photographs shall include all items to be released and be adequate substitutes for the evidence. The photographs shall be enlarged if necessary to ensure identification of individual items. Counsel for appellee shall be responsible for providing the means of taking the photographs, developing the film, filing the photographs with the Clerk, and serving duplicate photographs on opposing counsel.

2. An index identifying the item(s) in each photograph shall be prepared.

3. After counsel for the appellant has had an opportunity to review the photographs and the index, and the Clerk has determined that the photographs and index are sufficient to document the items to be released, the Clerk may release the evidence to the probate court.

96-2154. State ex rel. Oberer Dev. Co. v. Montgomery Cty. Bd.of Elections.

Montgomery App. No. 16075. This cause is pending before the court as an appeal from the Court of Appeals for Montgomery County. Upon consideration of appellants’ motion to expedite briefing and consideration of election matter,

IT IS ORDERED by the court that the motion be, and hereby is, granted.

IT IS FURTHER ORDERED by the court that the clerk of the court of appeals shall transmit the record within five days of the date of this entry; appellants shall file their merit brief within three days after the filing of the record from the court of appeals; appellees shall file their merit brief(s) within three days after the filing of appellants’ merit brief; and appellants may file a reply brief within three days after the filing of appellees’ merit brief(s).

IT IS FURTHER ORDERED by the court that the provisions for extension of time in S.Ct.Prac.R. XIV(3)(B)(2) shall not apply to the briefing schedule set in this case.

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

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