GAMBLE v. NORWOOD, 105 Ohio St.3d 1405 (2005)

2005-Ohio-286, 821 N.E.2d 1026 GAMBLE v. NORWOOD. No. 2004-1743.Supreme Court of Ohio. Decided February 2, 2005. Hamilton App. No. C-040019, 2004-Ohio-4661. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted. PFEIFER and LANZINGER, JJ., dissent. On motion for admission pro hac vice of Scott Bullock, Robert W. Gall, William H. Mellor, and Dana Berliner by Robert P. […]

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HAHN v. JENNINGS, 105 Ohio St.3d 1407 (2005)

2005-Ohio-286, 821 N.E.2d 1027 HAHN v. JENNINGS. No. 2004-1800.Supreme Court of Ohio. Decided February 2, 2005. Franklin App. No. 04AP-24, 2004-Ohio-4789. APPEALS NOT ACCEPTED FOR REVIEW LUNDBERG STRATTON, J., not participating.

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STATE v. TAYLOR, 105 Ohio St.3d 1403 (2005)

2005-Ohio-286, 821 N.E.2d 1024 STATE v. TAYLOR. No. 2004-1259.Supreme Court of Ohio. Decided February 1, 2005. Madison App. No. CA2003-07-025, 2004-Ohio-3171. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as an appeal from the Court of Appeals for Madison County. IT IS ORDERED by the court, sua sponte, that this cause is […]

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STATE v. CHANDLER, 105 Ohio St.3d 1403 (2005)

2005-Ohio-286, 821 N.E.2d 1025 STATE v. CHANDLER. No. 2004-1325.Supreme Court of Ohio. Decided February 1, 2005. Stark App. No. 2003CA00342, 2004-Ohio-3436. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as an appeal from the Court of Appeals for Stark County. IT IS ORDERED by the court that oral argument in this case, […]

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STATE v. GLASS, 105 Ohio St.3d 1401 (2005)

2005-Ohio-286, 821 N.E.2d 1023 STATE v. GLASS. No. 2004-1777.Supreme Court of Ohio. Decided January 28, 2005. Cuyahoga App. No. 83950, 2004-Ohio-4495. MOTION AND PROCEDURAL RULINGS Upon consideration of the jurisdictional memoranda filed in this case, the court hereby accepts the appeal. IT IS ORDERED by the court, sua sponte, that this cause be held for […]

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MOSS v. BUSH, 105 Ohio St.3d 1408 (2005)

2005-Ohio-286, 821 N.E.2d 1028 MOSS v. BUSH. No. 2004-2088.Supreme Court of Ohio. Decided February 3, 2005. MOTION AND PROCEDURAL RULING On Petition to Contest Election. This cause originated in this court on the filing of a petition to contest an election under R.C. 3515.08. Upon review of the motion for leave of John Conyers, Jr., […]

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ANDERS v. TIMMERMAN-COOPER, 105 Ohio St.3d 1404 (2005)

2005-Ohio-286, 821 N.E.2d 1025 ANDERS v. TIMMERMAN-COOPER. No. 2004-2104.Supreme Court of Ohio. Decided February 2, 2005. In Habeas Corpus. On petition for writ of habeas corpus of Fred L. Anders. Sua sponte, cause dismissed. MERIT DECISIONS WITHOUT OPINIONS MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL and LANZINGER, JJ., concur.

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STATE v. QUINONES, 105 Ohio St.3d 1401 (2005)

2005-Ohio-286, 821 N.E.2d 1023 STATE v. QUINONES. No. 2004-1771.Supreme Court of Ohio. Decided January 28, 2005. Cuyahoga App. No. 83720, 2004-Ohio-4485. MOTION AND PROCEDURAL RULINGS Upon consideration of the jurisdictional memoranda filed in this case, the court hereby accepts the discretionary appeal on Proposition of Law I. The Clerk shall issue an order for the […]

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STARK COMMONS, LTD. v. STEIN MART, INC., 105 Ohio St.3d 1404 (2005)

2005-Ohio-286, 821 N.E.2d 1026 STARK COMMONS, LTD. v. STEIN MART, INC. No. 2004-2166.Supreme Court of Ohio. Decided February 2, 2005. Stark App. No. 2004CA00029, 2004-Ohio-6969. MOTION AND PROCEDURAL RULINGS On motion for stay of court of appeals’ judgment. Motion granted. PFEIFER and LANZINGER, JJ., dissent. Page 1405

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STATE v. KAPSOURIS, 105 Ohio St.3d 1407 (2005)

2005-Ohio-286, 821 N.E.2d 1028 STATE v. KAPSOURIS. No. 2004-1866.Supreme Court of Ohio. Decided February 2, 2005. Mahoning App. No. 02 CA 230, 2004-Ohio-5119. APPEALS NOT ACCEPTED FOR REVIEW O’CONNOR, J., dissents and would accept on Proposition of Law II. Page 1408

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IN RE RESIGNATION OF CITTADINO, 105 Ohio St.3d 1408 (2005)

2005-Ohio-286, 821 N.E.2d 1028 IN RE RESIGNATION OF CITTADINO. No. 2004-0790.Supreme Court of Ohio. Decided February 3, 2005. DISCIPLINARY CASES IT IS ORDERED by this court, sua sponte, that Mary Elizabeth Cittadino, Attorney Registration No. 0074458, last known business address in West Chester, Ohio, is found in contempt for failure to comply with this court’s […]

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STATE v. LETT, 105 Ohio St.3d 1401 (2005)

2005-Ohio-286, 821 N.E.2d 1023 STATE v. LETT. No. 2004-1635.Supreme Court of Ohio. Decided January 28, 2005. Cuyahoga App. Nos. 83821 and 83822, 2004-Ohio-4094. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as an appeal from the Court of Appeals for Cuyahoga County. IT IS ORDERED by the court, sua sponte, that this […]

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MARRONE v. PHILLIP MORRIS, USA, INC., 105 Ohio St.3d 1405 (2005)

2005-Ohio-286, 821 N.E.2d 1026 MARRONE v. PHILLIP MORRIS, USA, INC. No. 2004-1824.Supreme Court of Ohio. Decided February 2, 2005. Medina App. No. 03CA0120-M, 2004-Ohio-4874. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law I. PFEIFER, J., dissents. RESNICK, J., not participating. On motion for admission pro hac vice of Robert C. Heim, Ezra […]

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STATE v. FOSTER, 105 Ohio St.3d 1401 (2005)

2005-Ohio-286, 821 N.E.2d 1023 STATE v. FOSTER. No. 2004-1568.Supreme Court of Ohio. Decided January 28, 2005. Licking App. No. 03CA95, 2004-Ohio-4209. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as an appeal from the Court of Appeals for Licking County. IT IS ORDERED by the court, sua sponte, that the stay of […]

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STATE EX REL. BALVIN v. OHIO ADULT PAROLE AUTH., 105 Ohio St.3d 1404 (2005)

2005-Ohio-286, 821 N.E.2d 1025 STATE EX REL. BALVIN v. OHIO ADULT PAROLE AUTH. No. 2004-1987.Supreme Court of Ohio. Decided February 2, 2005. In Mandamus. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. MERIT DECISIONS WITHOUT OPINIONS MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL and LANZINGER, JJ., concur.

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HARTMAN v. SMITH, 105 Ohio St.3d 1402 (2005)

2005-Ohio-286, 821 N.E.2d 1024 HARTMAN v. SMITH. No. 2004-1543.Supreme Court of Ohio. Decided January 31, 2005. Wayne App. No. 04CA0043. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as a discretionary appeal and claimed appeal of right. On September 16, 2004, appellant filed a notice that a motion to certify a conflict […]

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MISCELLANEOUS ORDERS, Unpublished Decision (1-28-2005)

2005-Ohio-286 MISCELLANEOUS ORDERS. Supreme Court of Ohio. January 28, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MISCELLANEOUS ORDERS ORDER In re Enforcement of Canons 7(B)(3)(a)(iv), 7(B)(3)(b) and 7(D)(2) of the Code of Judicial Conduct Whereas this court is vested with the authority to regulate all matters relating to the […]

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JOHNSON v. MICROSOFT CORP., 105 Ohio St.3d 1402 (2005)

2005-Ohio-286, 821 N.E.2d 1024 JOHNSON v. MICROSOFT CORP. No. 2004-0304.Supreme Court of Ohio. Decided January 31, 2005. Hamilton App. No. C-020564, 156 Ohio App.3d 249, 2004-Ohio-761. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as an appeal from the Court of Appeals for Hamilton County. Upon consideration of the motion of amicus […]

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STATE v. ELMORE, 105 Ohio St.3d 1401 (2005)

2005-Ohio-286, 821 N.E.2d 1023 STATE v. ELMORE. No. 2004-0041.Supreme Court of Ohio. Decided January 28, 2005. Licking C.P. No. 02CR275. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as a death penalty appeal from the Court of Common Pleas for Licking County. Upon consideration of appellant’s motion for leave to file supplemental […]

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NOBERT v. WESTFIELD INS. CO., 105 Ohio St.3d 1407 (2005)

2005-Ohio-286, 821 N.E.2d 1027 NOBERT v. WESTFIELD INS. CO. No. 2004-1819.Supreme Court of Ohio. Decided February 2, 2005. Cuyahoga App. No. 83059, 2004-Ohio-4623. APPEALS NOT ACCEPTED FOR REVIEW Discretionary appeal not accepted. Motion to disqualify counsel dismissed as moot.

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HOOVER v. TRANSCONTINENTAL INS. CO., 105 Ohio St.3d 1403 (2005)

2005-Ohio-286, 821 N.E.2d 1024 HOOVER v. TRANSCONTINENTAL INS. CO. No. 2004-0320.Supreme Court of Ohio. Decided January 31, 2005. Greene App. No. 2003CA46, 2004-Ohio-72. MISCELLANEOUS DISMISSALS This cause is pending before the court as an appeal from the Court of Appeals for Greene County. Upon consideration of appellant’s application for dismissal, IT IS ORDERED by the […]

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STATE v. TAYLOR, 105 Ohio St.3d 1406 (2005)

2005-Ohio-286, 821 N.E.2d 1027 STATE v. TAYLOR. No. 2004-1775.Supreme Court of Ohio. Decided February 2, 2005. Cuyahoga App. No. 83551, 2004-Ohio-4468. APPEALS NOT ACCEPTED FOR REVIEW Discretionary appeal and cross-appeal not accepted.

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STATE v. HEDRICK, 105 Ohio St.3d 1403 (2005)

2005-Ohio-286, 821 N.E.2d 1025 STATE v. HEDRICK. No. 2004-1820.Supreme Court of Ohio. Decided February 1, 2005. Summit App. No. 22336. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as a discretionary appeal and claimed appeal of right. On October 28, 2004, appellant filed a notice that a motion to certify a conflict […]

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STATE v. INSKEEP, 105 Ohio St.3d 1404 (2005)

2005-Ohio-286, 821 N.E.2d 1026 STATE v. INSKEEP. No. 2004-2117.Supreme Court of Ohio. Decided February 2, 2005. Champaign App. No. 2003 CA 22, 2004-Ohio-4927. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. PFEIFER and LUNDBERG STRATTON, JJ., dissent.

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CORPOREX DEV. CONSTR. MGT. v. SHOOK, INC., 105 Ohio St.3d 1408 (2005)

2005-Ohio-286, 821 N.E.2d 1028 CORPOREX DEV. CONSTR. MGT., INC. v. SHOOK, INC. No. 2004-0752.Supreme Court of Ohio. Decided February 3, 2005. Franklin App. No. 03AP-269, 2004-Ohio-1408. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as an appeal from the Court of Appeals for Franklin County. Upon consideration of the joint motion to […]

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STATE EX REL. ADKINS v. TRAVIS, 105 Ohio St.3d 1404 (2005)

2005-Ohio-286, 821 N.E.2d 1025 STATE EX REL. ADKINS v. TRAVIS. No. 2004-1989.Supreme Court of Ohio. Decided February 2, 2005. In Procedendo. On answer of respondent. On S.Ct.Prac.R. X(5) determination, cause dismissed. MERIT DECISIONS WITHOUT OPINIONS MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL and LANZINGER, JJ., concur.

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STATE v. BANKS, 105 Ohio St.3d 1407 (2005)

2005-Ohio-286, 821 N.E.2d 1027 STATE v. BANKS. No. 2004-1789.Supreme Court of Ohio. Decided February 2, 2005. Cuyahoga App. Nos. 83782 and 83783, 2004-Ohio-4478. APPEALS NOT ACCEPTED FOR REVIEW RESNICK, J., dissents and would accept the appeal on Proposition of Law IV.

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IN RE ENFORCEMENT OF CANONS, 105 Ohio St.3d 1402 (2005)

2005-Ohio-286, 821 N.E.2d 1023 IN RE ENFORCEMENT OF CANONS 7(B)(3)(a)(iv), 7(B)(3)(b) AND 7(D)(2) OF THE CODE OF JUDICIAL CONDUCT. Supreme Court of Ohio. Decided January 28, 2005. MISCELLANEOUS ORDER In re Enforcement of : Canons 7(B)(3)(a)(iv), ORDER 7(B)(3)(b) and 7(D)(2) : of the Code of Judicial Conduct Whereas this court is vested with the authority […]

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JOHNSON v. MICROSOFT CORP., 105 Ohio St.3d 1404 (2005)

2005-Ohio-286, 821 N.E.2d 1025 JOHNSON v. MICROSOFT CORP. No. 2004-0304.Supreme Court of Ohio. Decided February 2, 2005. Hamilton App. No. C-020564, 2004-Ohio-761. MOTION AND PROCEDURAL RULINGS On motion for admission pro hac vice of David B. Tulchin and Richard C. Pepperman II by Gregory A. Harrison. Motion granted. PFEIFER, J., not participating.

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FEDERATED MGT. CO. v. COOPERS LYBRAND, 105 Ohio St.3d 1407 (2005)

2005-Ohio-286, 821 N.E.2d 1027 FEDERATED MGT. CO. v. COOPERS LYBRAND. No. 2004-1791.Supreme Court of Ohio. Decided February 2, 2005. Franklin App. No. 03AP-204, 2004-Ohio-4785 and 2004-Ohio-6977. APPEALS NOT ACCEPTED FOR REVIEW Discretionary appeal not accepted. MOYER, C.J., dissents and would accept the appeal on Proposition of Law I. On motion for admission pro hac vice […]

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STATE v. WILLIS, 105 Ohio St.3d 1409 (2005)

2005-Ohio-286, 821 N.E.2d 1028 STATE v. WILLIS. No. 2004-0144.Supreme Court of Ohio. Decided February 3, 2005. Cuyahoga App. No. 82313, 2003-Ohio-6329. MISCELLANEOUS DISMISSALS This cause is pending before the court as an appeal from the Court of Appeals for Cuyahoga County. It appears from the records of this court that appellant has not filed a […]

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BUNCE v. LORAIN, 105 Ohio St.3d 1408 (2005)

2005-Ohio-286, 821 N.E.2d 1028 BUNCE v. LORAIN. No. 2004-1870.Supreme Court of Ohio. Decided February 2, 2005. Lorain App. No. 04CA008422, 2004-Ohio-4948. APPEALS NOT ACCEPTED FOR REVIEW MOYER, C.J., and PFEIFER, J., dissent.

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WENZLICK v. LAZAROFF, 105 Ohio St.3d 1404 (2005)

2005-Ohio-286, 821 N.E.2d 1025 WENZLICK v. LAZAROFF. No. 2004-2126.Supreme Court of Ohio. Decided February 2, 2005. In Habeas Corpus. On petition for writ of habeas corpus of Jeff Wenzlick. Sua sponte, cause dismissed. MERIT DECISIONS WITHOUT OPINIONS MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR and O’DONNELL, JJ., concur. LANZINGER, J., not participating.

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STATE EX REL. RITTNER v. DENNIS, 105 Ohio St.3d 1409 (2005)

2005-Ohio-286, 821 N.E.2d 1028 STATE EX REL. RITTNER v. DENNIS. No. 2004-1945.Supreme Court of Ohio. Decided February 3, 2005. Williams App. No. WM-04-009, 2004-Ohio-5679. MISCELLANEOUS DISMISSALS This cause is pending before the court as an appeal from the Court of Appeals for Williams County. It appears from the records of this court that appellant has […]

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STATE v. FRANKLIN, 105 Ohio St.3d 1404 (2005)

2005-Ohio-286, 821 N.E.2d 1026 STATE v. FRANKLIN. No. 2004-2097.Supreme Court of Ohio. Decided February 2, 2005. Stark App. No. 2003CA00442, 2004-Ohio-5398. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion granted. RESNICK, O’CONNOR and LANZINGER, JJ., dissent.

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STATE v. JAMES, 105 Ohio St.3d 1404 (2005)

2005-Ohio-286, 821 N.E.2d 1026 STATE v. JAMES. No. 2004-2119.Supreme Court of Ohio. Decided February 2, 2005. Hamilton App. No. C-030695, 2004-Ohio-5727. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion granted. RESNICK and LANZINGER, JJ., dissent.

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STATE v. BLADE, 105 Ohio St.3d 1401 (2005)

2005-Ohio-286, 821 N.E.2d 1023 STATE v. BLADE. No. 2004-1561.Supreme Court of Ohio. Decided January 28, 2005. Cuyahoga App. No. 83796, 2004-Ohio-4486. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as an appeal from the Court of Appeals for Cuyahoga County. IT IS ORDERED by the court, sua sponte, that this cause be […]

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MARTYNYSZYN v. BUDD, 105 Ohio St.3d 1405 (2005)

2005-Ohio-286, 821 N.E.2d 1026 MARTYNYSZYN v. BUDD. No. 2004-1661.Supreme Court of Ohio. Decided February 2, 2005. Mahoning App. No. 03-MA-250, 2004-Ohio-4824. APPEALS NOT ACCEPTED FOR REVIEW RESNICK and LUNDBERG STRATTON, JJ., dissent.

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STATE EX REL. BOOKER v. COURT OF APPEALS, 105 Ohio St.3d 1404 (2005)

2005-Ohio-286, 821 N.E.2d 1025 STATE EX REL. BOOKER v. COURT OF APPEALS, EIGHTH APPELLATE DISTRICT. No. 2004-2011.Supreme Court of Ohio. Decided February 2, 2005. In Mandamus. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. MERIT DECISIONS WITHOUT OPINIONS MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL and LANZINGER, JJ., concur.

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IN RE REPORT OF THE COMM. ON CONT. LEGAL EDU., 105 Ohio St.3d 1409 (2005)

2005-Ohio-286, 821 N.E.2d 1029 IN RE REPORT OF THE COMMISSION ON CONTINUING LEGAL EDUCATION. [ATTORNEY NAME] [(# REGISTRATION NUMBER)], RESPONDENT. Supreme Court of Ohio. Decided February 3, 2005. MISCELLANEOUS ORDERS ORDER In re Report of the Commission on : Continuing Legal Education. : : ORDER [Attorney Name] : [Filed February 3, 2005] [(# Registration Number)], […]

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ORIANA HOUSE, INC. v. MONTGOMERY, 105 Ohio St.3d 1405 (2005)

2005-Ohio-286, 821 N.E.2d 1026 ORIANA HOUSE, INC. v. MONTGOMERY. No. 2004-1769.Supreme Court of Ohio. Decided February 2, 2005. Franklin App. No. 03AP-1178, 2004-Ohio-4788. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Propositions of Law I and III. RESNICK, O’CONNOR and O’DONNELL, JJ., dissent.

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STATE v. TUCKER, 105 Ohio St.3d 1403 (2005)

2005-Ohio-286, 821 N.E.2d 1025 STATE v. TUCKER. No. 2004-1806.Supreme Court of Ohio. Decided February 1, 2005. Stark App. No. 2002CA00389, 2003-Ohio-5421. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as an appeal from the Court of Appeals for Stark County. Upon consideration of appellant’s motion for relief from judgment, IT IS ORDERED […]

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