2005-Ohio-3154
Supreme Court of Ohio.
June 29, 2005.
MOTION AND PROCEDURAL RULINGS 1998-2449. State v. Issa.
Hamilton C.P. No. B-9709438. On application for reopening under S.Ct.Prac.R. XI(6). Motion denied because the appellant failed to comply with the 90-day filing deadline in S.Ct.Prac.R. XI(6)(A) and because second or successive applications for reopening are not permitted under the rule.
2001-1589. State v. Leonard.
Hamilton C.P. No. B-0005891. On application for reopening under S.Ct.Prac.R. XI(6). Motion denied.
2003-2039. State ex rel. Heddleson v. Bradshaw.
In Habeas Corpus. On motion to vacate the court’s judgment on grounds of excusable neglect. Motion denied.
2004-2031. In re C.R.
Cuyahoga App. No. 82891, 2004-Ohio-4465. On motion to designate Clifford Reust and Stephanie Reust as appellants. Motion granted.
2005-0311. State Auto. Mut. Ins. Co. v. Titanium Metals Corp.
Cuyahoga App. No. 83540, 159 Ohio App.3d 338, 2004-Ohio-6618. On motion for emergency relief and expedited consideration of notice of appeal. Motion denied as moot.
2005-0586. State v. Montgomery.
Hamilton App. No. C-040190, 159 Ohio App.3d 752, 2005-Ohio-1018. On review of order certifying a conflict. The court determines that a conflict exists. Sua sponte, cause consolidated with State v. Montgomery, Hamilton App. No. C0-40190, 159 Ohio App.3d 752, 2005-Ohio-1018; cause held for the decisions in 2004-1771, State v. Quinones, Cuyahoga App. No. 83720, 2004-Ohio-4485, and 2004-1568, State v. Foster, Licking App. No. 03CA95, 2004-Ohio-4209; and briefing schedule stayed.
2005-0612. State ex rel. Physicians Commt. for Responsible Medicine v.Bd. of Trustees of Ohio State Univ.
In Mandamus. On answer of respondent. Sua sponte, alternative writ granted. On motion for admission pro hac vice of Daniel Kinburn and Karen Boyd Williams by Kathaleen B. Schulte. Motion granted.
2005-0635. State v. Baker.
Greene App. No. 2004 CA 29, 159 Ohio App.3d 462, 2005-Ohio-45. On motion for leave to file delayed appeal. Motion denied.
Pfeifer, J., dissents.
2005-0644. State v. Waver.
Cuyahoga App. No. 73976. On motion for leave to file delayed appeal. Motion denied.
2005-0652. RPM, Inc. v. Oatey Co.
Medina App. Nos. 3282-M and 3289-M, 2005-Ohio-1280. On motion for an order granting leave to the court of appeals to consider motion for correction of decision and journal entry. Motion granted.
Lundberg Stratton, O’Connor and Lanzinger, JJ., dissent.
2005-0670. State v. Hunter.
Cuyahoga App. No. 84105, 2004-Ohio-6569. On motion for leave to file delayed appeal. Motion denied.
Pfeifer, J., dissents.
2005-0673. State v. Short.
Lucas App. No. L-03-1117, 2004-Ohio-2050. On motion for leave to file delayed appeal. Motion denied.
O’Donnell and Lanzinger, JJ., dissent.
2005-0675. State v. White.
Cuyahoga App. No. 82915, 2004-Ohio-1247. On motion for leave to file delayed appeal. Motion denied.
2005-0679. State v. Martin.
Montgomery App. No. 20383, 2005-Ohio-209. On motion for leave to file delayed appeal. Motion denied.
Pfeifer, J., dissents.
2005-0682. State v. Johnson.
Hamilton App. No. C-030643, 2004-Ohio-3624. On motion for leave to file delayed appeal. Motion denied.
2005-0692. State v. Grier.
Summit App. No. 22136, 2005-Ohio-716. On motion for leave to file delayed appeal. Motion granted.
Resnick, J., dissents.
2005-0714. State v. Sour.
Montgomery App. No. 19913, 2004-Ohio-4048. On motion for leave to file delayed appeal. Motion denied.
2005-0724. State v. Kimbrough.
Licking App. Nos. 03CA76 and 03CA78, 2004-Ohio-5429. On motion for leave to file delayed appeal. Motion denied.
2005-0725. State v. Broadnax.
Franklin App. No. 02AP-800. On motion for leave to file delayed appeal. Motion denied.
2005-0730. State v. Brown.
Cuyahoga App. No. 84059, 2004-Ohio-6862. On motion for leave to file delayed appeal. Motion denied.
Pfeifer, J., dissents.
2005-0734. Doe v. Archdiocese of Cincinnati.
Shelby App. No. 17-04-10, 2005-Ohio-960. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 4 of the court of appeals’ Journal Entry filed April 19, 2005:
“Where a complaint alleges with considerable particularity that due to recently discovered efforts of the church to conceal its involvement, the victim of sexual abuse by a priest did not until recently have sufficient knowledge to apprise him of independent claims against the church, are those allegations subject to a Civ.R. 12(B) dismissal on the basis that under Doe v. First United Methodist Church (1994), 68 Ohio St.3d 531, 629 N.E.2d 402, notice of sexual abuse by a priest constitutes appraisal of the possibility of any other independent claims against the church as a matter of law, so that all relevant statutes of limitations against both the priest and the church are triggered by the sexual abuse?”
The conflict case is Cramer v. Archdiocese of Cincinnati, 158 Ohio App.3d 110, 2004-Ohio-3891, 814 N.E.2d 97. Sua sponte, cause consolidated with 20050-702, Doe v. Archdiocese of Cincinnati, Shelby App. No. 17-04-10, 2005-Ohio9-60.
2005-0758. State v. Weaver.
Hamilton App. No. C-040502. On motion for stay of court of appeals’ judgment. Motion denied.
Pfeifer and O’Donnell, JJ., dissent.
2005-0793. State v. Scott.
Trumbull App. No. 2003-T-0172, 2005-Ohio-689. On motion for leave to file delayed appeal. Motion granted.
2005-0797. Byrd v. Smith.
Clermont App. No. CA2004-08-067. On review of order certifying a conflict. The court determines that a conflict exists.
Resnick and O’Donnell, JJ., dissent.
The parties are to brief the issue stated at page 3 of the court of appeals’ Entry Granting Motion to Certify filed April 15, 2005:
“Whether it is proper for courts to disregard an affidavit inconsistent with or contradictory to prior deposition testimony when ruling on a motion for summary judgment?”
The conflict case is Retterer v. Whirlpool Corp. (1996), 111 Ohio App.3d 847, 677 N.E.2d 417.
2005-0804. State v. Peoples.
Miami App. No. 05CA11. On motion for stay of court of appeals’ judgment. Motion denied.
2005-0806. Simon v. Commonwealth Land Title Ins. Co.
Cuyahoga App. No. 84553, 2005-Ohio-1007. On motion for stay of court of appeals’ judgment. Motion granted.
Pfeifer and O’Connor, JJ., dissent.
O’Donnell, J., not participating.
2005-0829. State v. Canfield.
Medina App. No. 03CA0078-M, 2004-Ohio-2123. On motion for leave to file delayed appeal. Motion denied.
O’Donnell and Lanzinger, JJ., dissent.
2005-0842. State v. Kelly.
Stark App. No. 2004CA00080, 2005-Ohio-739. On motion for leave to file delayed appeal. Motion granted.
Resnick, J., dissents.
2005-0850. In re Keylor.
Monroe App. No. 04 MO 02, 2005-Ohio-1661. On motion for stay of court of appeals’ judgment. Motion granted.
2005-0851. State ex rel. Coffman v. Indus. Comm.
Franklin App. No. 04AP-303, 2005-Ohio-1519. On motion for stay of court of appeals’ judgment without bond. Motion granted.
Lanzinger, J., would require the posting of an appeal bond.
Resnick and Pfeifer, JJ., dissent.
2005-0855. State v. Lee.
Summit App. No. 22262, 2005-Ohio-996. On motion for leave to file delayed appeal. Motion granted.
Resnick, J., dissents.
2005-0861. State v. Kremer.
Putnam App. No. 12-05-01. On motion for leave to file delayed appeal. Motion granted.
Resnick, Lundberg Stratton and O’Connor, JJ., dissent.
2005-0862. State v. Kremer.
Paulding App. No. 11-05-01. On motion for leave to file delayed appeal. Motion granted.
Resnick, Lundberg Stratton and O’Connor, JJ., dissent.
2005-0865. State v. Kremer.
Defiance App. No. 4-05-01. On motion for leave to file delayed appeal. Motion granted.
Resnick, Lundberg Stratton and O’Connor, JJ., dissent.
2005-0883. State v. Quiles.
Cuyahoga App. No. 84293, 2005-Ohio-388. On motion for leave to file delayed appeal. Motion granted.
Resnick and O’Connor, JJ., dissent.
2005-0968. State v. Gokey.
Cuyahoga App. No. 85827. On motion for stay of court of appeals’ judgment. Motion granted.
Pfeifer, J., dissents.