MOTION DOCKET, 81 Ohio St.3d 1402 (1998)

688 N.E.2d 271Supreme Court of Ohio.
1998.

MOTION DOCKET Wednesday, January 7, 199890-22. State v. Waddy.

Franklin App. Nos. 87AP-1159 and 87AP-1160. On June 29, 1995, this court stayed the execution of sentence in this cause pending exhaustion of state post-conviction remedies. It appearing to the court that all matters have been disposed in case No. 90-22, appellant’s direct appeal of his conviction, and case No. 97-1554, appellant’s post-conviction appeal,

IT IS ORDERED by the court, sua sponte, that the stay of execution entered in this cause on June 29, 1995, be and is hereby revoked.

IT IS HEREBY ORDERED by the court that said sentence be carried into execution by the Warden of the Southern Ohio Correctional Facility or, in his absence, by the Deputy Warden on Monday, the 6th day of April, 1998, in accordance with the statutes so provided.

IT IS FURTHER ORDERED that a certified copy of this entry and a warrant under the seal of this court be duly certified to the Warden of the Southern Ohio Correctional Facility and that said Warden shall make due return thereof to the Clerk of the Court of Common Pleas of Franklin County.

Page 1403

93-2592. State v. Berry.

Cuyahoga App. No. 60531. Upon consideration of appellant’s motion for stay of execution to file petition for certiorari to United States Supreme Court,

IT IS ORDERED by the court that the motion for stay be, and hereby is, denied.

97-632. Rouse v. Mogadore Local School Bd.

Summit App. No. 17697. This cause is pending before the court as a discretionary appeal and claimed appeal of right. On March 27, 1997, appellant filed a notice in this case that a motion to certify a conflict was pending in the court of appeals. Pursuant to S.Ct.Prac.R. IV(4)(A), consideration of the jurisdictional memorandum filed in this case was stayed until the court of appeals determined whether to certify a conflict. Whereas it appears that appellant has not filed an order certifying a conflict pursuant to S.Ct.Prac.R. IV(4)(C) or a notice that the court of appeals determined that a conflict does not exist pursuant to S.Ct.Prac.R. IV(4)(B),

IT IS ORDERED by the court, sua sponte, that appellant show cause within twenty days of the date of this order why this court should not proceed to consider the jurisdictional memorandum filed in this case.

97-2623. In re Testamentary Trust of Hamm.

Geauga App. No. 96-G-2023. This cause is pending before the court as a discretionary appeal. Upon consideration of appellee’s motion for stay of probate court proceedings,

IT IS ORDERED by the court that the motion for stay be, and hereby is, denied.

LUNDBERG STRATTON, J., dissents.

98-5. McMaster v. Akron Hous. Appeals Bd.

Summit App. No. 18226. This cause is pending before the court as a discretionary appeal and claimed appeal of right. Upon consideration of appellant’s motion for stay of demolition orders pending appeal,

IT IS ORDERED by the court that the motion for stay be, and hereby is, denied.