2005-Ohio-1666
Supreme Court of Ohio.
April 13, 2005.
MOTION AND PROCEDURAL RULINGS
2003-2036. State v. Barton.
Warren C.P. No. 03CR20526. On motion to dissolve stay on ruling upon motion for leave to file supplemental proposition of law. Motion to dissolve stay granted. On motion for leave to file supplemental proposition of law. Motion denied.
Lundberg Stratton, J., dissents and would deny the motion to dissolve stay.
2004-1425. Bd. of Edn. of Columbus City School Dist. v. Wilkins.
Board of Tax Appeals, No. 2002-V-1301. On request for oral argument. Request granted.
Resnick, J., dissents.
2004-1688. State v. Cantwell.
Stark App. No. 2003-CA-00367, 2004-Ohio-2964. On review of order certifying a conflict. The court determines that a conflict exists. Sua sponte, cause consolidated with 2004-1188, State v. Cantwell, Stark App. No. 2003-CA-00367, 2004-Ohio-2964; cause held for the decisions in 2004-1279 and 2004-1696, State v. Threatt, Stark App. No. 2003CA00368, 2004-Ohio-3261; and briefing schedule stayed.
Pfeifer, J., dissents.
2004-1692. State v. Carter.
Stark App. No. 2003-CA-00372, 2004-Ohio-3523. On review of order certifying a conflict. The court determines that a conflict exists. Sua sponte, cause consolidated with 2004-1324, State v. Carter, Stark App. No. 2003-CA-00372, 2004-Ohio-3523; cause held for the decisions in 2004-1279 and 2004-1696, State v. Threatt, Stark App. No. 2003CA00368, 2004-Ohio-3261; and briefing schedule stayed.
Pfeifer, J., dissents.
2004-1697. State v. Owens.
Stark App. No. 2003-CA-00370, 2004-Ohio-3262. On review of order certifying a conflict. The court determines that a conflict exists. Sua sponte, cause consolidated with 2004-1275, State v. Owens, Stark App. No. 2003-CA-00370, 2004-Ohio-3262; cause held for the decisions in 2004-1279 and 2004-1696, State v. Threatt, Stark App. No. 2003CA00368, 2004-Ohio-3261; and briefing schedule stayed.
Pfeifer, J., dissents.
2004-1699. State v. Williams.
Stark App. No. 2003-CA-00369, 2004-Ohio-3525. On review of order certifying a conflict. The court determines that a conflict exists. Sua sponte, cause consolidated with 2004-1320, State v. Williams, Stark App. No. 2003-CA-00369, 2004-Ohio-3525; cause held for the decisions in 2004-1279 and 2004-1696, State v. Threatt, Stark App. No. 2003CA00368, 2004-Ohio-3261; and briefing schedule stayed.
Pfeifer, J., dissents.
2004-2138. State v. Reyes.
Wood App. No. WD-02-069, 2004-Ohio-2217. On motion for leave to file delayed appeal. Motion denied.
2005-0085. State ex rel. Mackey v. Blackwell.
Cuyahoga App. No. 85597, 2004-Ohio-7004. On motion for admission pro hac vice of Elliot M. Mincberg by Jill S. Davis. Motion granted.
2005-0123. State ex rel. Schuette v. Liberty Twp. Bd. of Trustees.
In Mandamus. On relator’s motion for leave to introduce deposition testimony of respondents from predecessor action, answer of respondents, and relator’s motion to strike answer of respondents. Motion for leave to introduce deposition testimony is granted; alternative writ is granted; and motion to strike respondents’ answer is denied as moot.
2005-0161. Am. Financial Serv. Assn. v. Cleveland.
Cuyahoga App. No. 83676, 2004-Ohio-6416. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issues stated in the court of appeals’ Journal Entry filed January 11, 2005:
“Whether R.C. 1.63 is a general law for purposes of Ohio’s Home Rule Amendment.
“Under a home rule analysis, whether local predatory lending ordinances that impose stricter requirements on lending transactions conflict with the state’s predatory lending statutes.”
Sua sponte, cause consolidated with 2005-0160, Am. Financial Serv. Assn., Cuyahoga App. No. 83676, 2004-Ohio-6416.
The conflict case is Dayton v. State, 157 Ohio App.3d 736, 2004-Ohio-3141.
2005-0245. Reading v. Pub. Util. Comm.
Public Utilities Commission, No. 02-589-RR-UNC. On motion for stay of the October 13, 2004 opinion and order of the Public Utilities Commission of Ohio, as clarified and affirmed on December 8, 2004. Motion denied.
Pfeifer and O’Donnell, JJ., dissent.
2005-0271. State v. Smith.
Clark App. No. 2003 CA 93, 2004-Ohio-6062. On motion for leave to file delayed appeal. Motion denied.
Pfeifer and Lundberg Stratton, JJ., dissent.
2005-0275. State v. Davis.
Franklin App. No. 04AP-603. On motion for leave to file delayed appeal. Motion denied.
2005-0307. State v. Nix.
Hamilton App. No. C-030696, 2004-Ohio-5502. On motion for leave to file delayed appeal. Motion denied.
Pfeifer, J., dissents.
2005-0310. State v. Suttles.
Hamilton App. No. C-030908. On motion for leave to file delayed appeal. Motion granted.
Resnick, O’Connor and Lanzinger, JJ., dissent.
2005-0313. State v. Dean.
Delaware App. No. 03CA31, 2004-Ohio-1744. On motion for leave to file delayed appeal. Motion denied.
2005-0337. State v. Mata.
Allen App. No. 1-04-54, 2004-Ohio-6669. On motion for leave to file delayed appeal. Motion denied.
Moyer, C.J., Pfeifer and Lundberg Stratton, JJ., dissent.
2005-0344. State v. Downing.
Summit App. No. 22012, 2004-Ohio-5952. On motion for leave to file delayed appeal. Motion denied.
Pfeifer, O’Connor and O’Donnell, JJ., dissent.
2005-0345. State v. Kennedy.
Cuyahoga App. No. 83445, 2004-Ohio-6414. On motion for leave to file delayed appeal. Motion granted.
Resnick, Pfeifer and Lanzinger, JJ., dissent.
2005-0346. State v. Baldwin.
Cuyahoga App. No. 83327, 2004-Ohio-2850. On motion for leave to file delayed appeal. Motion denied.
2005-0348. State v. Kadas.
Wood App. No. WD-04-013, 2004-Ohio-7159. On motion for leave to file delayed appeal. Motion granted.
O’Connor and O’Donnell, JJ., dissent.
Lanzinger, J., not participating.
2005-0370. State v. Jones.
Cuyahoga App. No. 83481, 2004-Ohio-5205. On motion for leave to file delayed appeal. Motion denied.
Pfeifer and Lanzinger, JJ., dissent.
2005-0381. State v. Young.
Erie App. No. E-03-033, 2004-Ohio-5896. On motion for leave to file delayed appeal. Motion denied.
Pfeifer and Lanzinger, JJ., dissent.
O’Donnell, J., not participating.
2005-0391. State v. Bruce.
Hamilton App. No. C-040421, 2005-Ohio-373. On motion for stay of court of appeals’ judgment. Motion granted.
Pfeifer, J., dissents.
2005-0396. State v. Furlow.
Clark App. No. 03CA0058, 2004-Ohio-5279. On motion for leave to file delayed appeal. Motion denied.
2005-0405. State v. Remy.
Ross App. No. 03CA2731, 2004-Ohio-3630. On motion for leave to file delayed appeal. Motion denied.
2005-0412. State v. Kreischer.
Perry App. No. 03 CA 20, 2004-Ohio-6854. 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 February 23, 2005:
“Whether a court may order restitution by an offender pursuant to R.C. 2929.18(A)(1) to include medical costs paid on behalf of the victim by a thirdparty insurer?”
Resnick, J., not participating.
Sua sponte, cause consolidated with 2005-0216, State v. Kreischer, Perry App. No. 03 CA 20, 2004-Ohio-6854.
The conflict case is State v. Miller, Lucas App. No. L-01-1265, 2002-Ohio-853.
2005-0415. Hedges v. Nationwide Mut. Ins. Co.
Franklin App. No. 04AP-423, 2004-Ohio-6723. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at Page 2 of the court of appeals’ Memorandum Decision filed February 17, 2005:
“Whether the decision in Moore v. State Auto. Mut. Ins. Co. (2000), 88 Ohio St.3d 27, is applicable to the version of R.C. 3937.18(A) as amended by H.B. No. 261 that went into effect September 3, 1997?”
Resnick and Pfeifer, JJ., dissent.
Sua sponte, cause consolidated with 2005-0193, Hedges v. Nationwide Mut. Ins. Co., Franklin App. No. 04AP-423, 2004-Ohio-6723.
The conflict case is Cincinnati Equitable Ins. Co. v. Wells, Montgomery App. No. 20286, 2004-Ohio-2418.
2005-0488. Duckworth v. Burger King Corp.
Franklin App. No. 04AP-697, 159 Ohio App.3d 540, 2005-Ohio-294. On motion for stay of court of appeals’ judgment. Motion denied.
Resnick and Pfeifer, JJ., dissent.