MOTION DOCKETSupreme Court of Ohio.
ANNOUNCEMENT 9:00 A.M. WEDNESDAY March 7, 2001
00-281. State ex rel. Hisle v. Indus. Comm.
Franklin App. No. 98AP-1490. On request for oral argument. Request granted.
00-358. Kemppel v. Zaino.
Board of Tax Appeals, No. 98-K-698. On motion for substitution of party by Russell E. Kemppel, personal administrator of the estate of Carrie M. Kemppel. Motion granted.
00-1457. State ex rel. Commt. for the Referendum of Ordinance No.3543-00 v. White.
In Mandamus. On relators’ documentation and bill in support of award for attorney fees and costs. Relators are granted $22,356.25 in attorney fees and a refund of $140 in costs (security deposit and docket fee). Relators’ request for additional fees is denied.
00-1641. State v. Holsinger.
Fairfield App. No. 00CA06. On request for findings of fact and conclusions of law. Request denied.
00-1700. Internatl. Business Machines Corp. v. Zaino.
Board of Tax Appeals, No. 99-K-616. On request for argument before full court. Request granted.
00-1725. Charvat v. Dispatch Consumer Serv., Inc.
Franklin App. No. 99AP-1368. On motion to invite the Federal Communications Commission to appear as amicus curiae. Motion denied.
Moyer, C.J., and Douglas, J., dissent.
00-2044. State ex rel. Ormond v. Solon.
In Mandamus. On motion for sanctions for frivolous action by city of Solon and motion for sanctions for frivolous action by Cameratta Properties, L.P., and DiSanto Enterprises, Inc. Motions denied.
00-2339. State v. Avery.
Union App. No. 14-97-30. On motion for leave to file delayed appeal. Motion denied.
01-136. State v. Williams.
Allen App. No. 1200032. On motion for leave to file delayed appeal. Motion denied.
Lundberg Stratton, J., dissents.
01-140. State v. Cobb.
Seneca App. No. 13200007. On motion for leave to file delayed appeal. Motion denied.
Moyer, C.J., and Lundberg Stratton, J., dissent.
01-143. State v. Ali.
Summit App. No. 19590. On motion for leave to file delayed appeal. Motion denied.
01-146. State v. Goffee.
Guernsey App. No. 00CA03. On motion for leave to file delayed appeal. Motion denied.
Lundberg Stratton, J., dissents.
01-147. State v. Holsinger.
Franklin App. No. 00AP-216. On motion for leave to file delayed appeal. Motion denied.
Pfeifer, J., dissents.
01-154. State v. Feathers.
Summit App. No. 19837. On motion for leave to file delayed appeal. Motion denied.
Moyer, C.J., Pfeifer and Lundberg Stratton, JJ., dissent.
01-157. State v. Henry.
Hamilton App. No. C-000681. On motion for leave to file delayed appeal. Motion denied.
01-159. Doganiero v. Ins. Co. of Ohio.
Cuyahoga App. No. 77075. On review of order certifying a conflict. The court determines that a conflict exists; sua sponte, cause held for the decisions in 00-745 and 00-801 Littrell v. Wigglesworth, Butler App. Nos. CA99-05-092 and CA99-08-141, and 00-206, Clark v. Scarpelli, Montgomery App. No. 17883; briefing schedule stayed.
01-160. State ex rel. Johnny Appleseed Metro. Park Dist. v.Delphos.
Allen App. No. 1200050. On motion for stay of court of appeals’ decision. Motion denied.
Moyer, C.J., Cook and Lundberg Stratton, JJ., dissent.
01-161. Bruns v. Freeman Groves Ins. Fin. Corp.
Mercer App. No. 10200017. On motion for stay of court of appeals’ judgment. Motion denied.
01-177. State v. Toddy.
Ashtabula App. No. 99-A-0054. On motion for stay of court of appeals’ judgment. Motion denied.
01-179. State Dept. of Taxation v. Crabill.
Clark App. No. 2000CA36. On motion for stay of the court of appeals’ decision. Motion denied.
01-210. State v. Koonce.
Erie App. No. E-96-002. On motion for leave to file delayed appeal. Motion denied.
Resnick, J., not participating.
01-211. State v. Allen.
Cuyahoga App. No. 78297. On motion for leave to file delayed appeal. Motion denied.
01-216. State v. Feathers.
Summit App. No. 19837. On motion for leave to file delayed appeal. Motion denied.
01-218. State v. Batich.
Cuyahoga App. No. 78748. On motion for leave to file delayed appeal. Motion denied.
Moyer, C.J., and Cook, J., dissent.
01-233. State v. Flinchum.
Butler App. No. CA99-11-193. 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 Granting Motion to Certify Conflict filed January 17, 2001, at page 2:
“The issue for certification is whether the Fourth Amendment is contravened by warrantless entry into a home made to effect a misdemeanor arrest.”
Douglas, Resnick and F.E. Sweeney, JJ., dissent.
The conflict cases are State v. Davis (1999), 133 Ohio App.3d 114, 726 N.E.2d 1092; State v. Scott M. (1999), 135 Ohio App.3d 253, 733 N.E.2d 653; Cleveland v. Shields (1995), 105 Ohio App.3d 118, 663 N.E.2d 726; State v. Banks (Aug. 20, 1999), Hamilton App. No. C-980774, unreported, 1999 WL 632924; and State v. Trammel (Jan. 22, 1999), Montgomery App. No. 17196, unreported, 1999 WL 22884.
01-240. State ex rel. Howard v. Seaway Foodtown, Inc.
Franklin App. No. 99AP-855. On motion to modify judgments and on amended motion for stay of court of appeals’ judgment. Motions denied.
01-309. Christe v. GMS Mgt. Co.
Summit App. No. 18992. On motion for stay of court of appeals’ judgment and motion to waive necessity of bond or, in the alternative, motion for appeal bond. Motions denied.
Moyer, C.J., Douglas and Resnick, JJ., dissent.
01-321. State v. Bair.
Stark App. No. 1999CA00372. On motion for stay of court of appeals’ judgment. Motion denied.