COULIBALY v. BURD, 106 Ohio St.3d 1412 (2005)

2005-Ohio-3154 Coulibaly v. Burd. 2005-0426.Supreme Court of Ohio. June 29, 2005. Hamilton App. No. C-040164. APPEALS NOT ACCEPTED FOR REVIEW Discretionary appeal not accepted. Motion to strike notice of appeal and memorandum in support of jurisdiction denied as moot.

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STATE EX RE. DRAKE v. FUERST, 106 Ohio St.3d 1406 (2005)

2005-Ohio-3154 State ex re. Drake v. Fuerst. 2005-0639.Supreme Court of Ohio. June 29, 2005. MERIT DECISIONS WITHOUT OPINIONS In Mandamus. On motion to dismiss and motion to strike motion to dismiss. Motion to dismiss sustained. Motion to strike motion to dismiss denied. Cause dismissed. MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL and LANZINGER, JJ., […]

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BYRD v. SMITH, 106 Ohio St.3d 1409 (2005)

2005-Ohio-3154 Byrd v. Smith. 2005-0797.Supreme Court of Ohio. June 29, 2005. Clermont App. No. CA2004-08-067. MOTION AND PROCEDURAL RULINGS 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 […]

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STATE v. MARTIN, 106 Ohio St.3d 1408 (2005)

2005-Ohio-3154 State v. Martin. 2005-0679.Supreme Court of Ohio. June 29, 2005. Montgomery App. No. 20383, 2005-Ohio-209. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. PFEIFER, J., dissents.

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STATE v. KREMER, 106 Ohio St.3d 1410 (2005)

2005-Ohio-3154 State v. Kremer. 2005-0865.Supreme Court of Ohio. June 29, 2005. Defiance App. No. 4-05-01. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion granted. RESNICK, LUNDBERG STRATTON and O’CONNOR, JJ., dissent.

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STATE v. WILSON, 106 Ohio St.3d 1411 (2005)

2005-Ohio-3154 State v. Wilson. 2005-0576.Supreme Court of Ohio. June 29, 2005. Washington App. No. 04CA18, 2005-Ohio-830. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law I; 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 […]

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SHAFFER v. OHIOHEALTH CORP., 106 Ohio St.3d 1417 (2005)

2005-Ohio-3154 Shaffer v. OhioHealth Corp. 2005-0124.Supreme Court of Ohio. June 29, 2005. Franklin App. No. 04AP-236, 2004-Ohio-6523. Reported at 105 Ohio St.3d 1517, 2005-Ohio-1880, 826 N.E.2d 315. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied. RESNICK and PFEIFER, JJ., dissent.

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MERIT DECISIONS WITHOUT OPINIONS, Unpublished Decision (6-29-2005)

2005-Ohio-3154 Merit Decisions Without Opinions. Supreme Court of Ohio. June 29, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITHOUT OPINIONS 2005-0520. State ex rel. Dierdorf v. Hancock Cty. Court of CommonPleas. In Mandamus. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. Moyer, C.J., Resnick, Pfeifer, […]

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STATE v. QUILES, 106 Ohio St.3d 1410 (2005)

2005-Ohio-3154 State v. Quiles. 2005-0883.Supreme Court of Ohio. June 29, 2005. Cuyahoga App. No. 84293, 2005-Ohio-388. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion granted. RESNICK and O’CONNOR, JJ., dissent.

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STATE v. WALKER, 106 Ohio St.3d 1410 (2005)

2005-Ohio-3154 State v. Walker. 2005-0374.Supreme Court of Ohio. June 29, 2005. Hamilton App. No. C-040202. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted; 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. RESNICK, J., dissents.

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STATE EX REL. HALL v. OHIO ADULT PAROLE AUTH., 106 Ohio St.3d 1407 (2005)

2005-Ohio-3154 State ex rel. Hall v. Ohio Adult Parole Auth. 2005-0731.Supreme Court of Ohio. June 29, 2005. MERIT DECISIONS WITHOUT OPINIONS In Mandamus. On motion to dismiss. Motion to dismiss sustained. Petitioner has an adequate remedy at law and therefore is not entitled to extraordinary relief. See State ex rel. Johnson v. Ohio Adult Parole […]

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LONGWELL v. JEFFREYS, 106 Ohio St.3d 1407 (2005)

2005-Ohio-3154 Longwell v. Jeffreys. 2005-0836.Supreme Court of Ohio. June 29, 2005. MERIT DECISIONS WITHOUT OPINIONS In Habeas Corpus. On petition for writ of habeas corpus of Greg A. Longwell. Sua sponte, cause dismissed. MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL and LANZINGER, JJ., concur.

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STATE v. DINAPOLI, 106 Ohio St.3d 1411 (2005)

2005-Ohio-3154 State v. Dinapoli. 2005-0587.Supreme Court of Ohio. June 29, 2005. Lake App. No. 2003-L-169, 2005-Ohio-824. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law No. I; 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 […]

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STATE EX REL. KNOX v. OHIO ADULT PAROLE AUTH., 106 Ohio St.3d 1406 (2005)

2005-Ohio-3154 State ex rel. Knox v. Ohio Adult Parole Auth. 2005-0667.Supreme Court of Ohio. June 29, 2005. MERIT DECISIONS WITHOUT OPINIONS In Mandamus. On motion to dismiss. Motion to dismiss sustained. Motion to strike the motion to dismiss denied as moot. Cause dismissed. Petitioner has an adequate remedy at law and therefore is not entitled […]

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APPEALS NOT ACCEPTED FOR REVIEW, Unpublished Decision (6-29-2005)

2005-Ohio-3154 Appeals Not Accepted For Review. Supreme Court of Ohio. June 29, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] APPEALS NOT ACCEPTED FOR REVIEW 2004-2018. State v. Brinkley. Lucas App. No. L-04-1066, 2004-Ohio-5666. Pfeifer, J., dissents. Lanzinger, J., not participating. 2005-0376. State v. Browning. Muskingum App. No. CT2004-0036, 2004-Ohio-6992. […]

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STATE v. SHORT, 106 Ohio St.3d 1408 (2005)

2005-Ohio-3154 State v. Short. 2005-0673.Supreme Court of Ohio. June 29, 2005. Lucas App. No. L-03-1117, 2004-Ohio-2050. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. O’DONNELL and LANZINGER, JJ., dissent.

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IN RE C.R., 106 Ohio St.3d 1407 (2005)

2005-Ohio-3154 In re C.R. 2004-2031.Supreme Court of Ohio. June 29, 2005. Cuyahoga App. No. 82891, 2004-Ohio-4465. MOTION AND PROCEDURAL RULINGS On motion to designate Clifford Reust and Stephanie Reust as appellants. Motion granted. Page 1408

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STATE v. LYONS, 106 Ohio St.3d 1415 (2005)

2005-Ohio-3154 State v. Lyons. 2005-0532.Supreme Court of Ohio. June 29, 2005. Cuyahoga App. No. 84377, 2005-Ohio-392. APPEALS NOT ACCEPTED FOR REVIEW O’DONNELL and LANZINGER, JJ., dissent and would accept the discretionary appeal and hold the cause for the decisions in 2004-1171, State v. Mathis, Cuyahoga App. No. 83311, 2004-Ohio-2982, and 2004-1267, State v. Fair, Cuyahoga […]

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STATE v. MUFF, 106 Ohio St.3d 1417 (2005)

2005-Ohio-3154 State v. Muff. 2005-0048.Supreme Court of Ohio. June 29, 2005. Perry App. No. 03CA15, 2004-Ohio-6453. Reported at 105 Ohio St.3d 1499, 2005-Ohio-1666, 825 N.E.2d 623. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied.

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STATE v. LEE, 106 Ohio St.3d 1410 (2005)

2005-Ohio-3154 State v. Lee. 2005-0855.Supreme Court of Ohio. June 29, 2005. Summit App. No. 22262, 2005-Ohio-996. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion granted. RESNICK, J., dissents.

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STATE v. SHARP, 106 Ohio St.3d 1411 (2005)

2005-Ohio-3154 State v. Sharp. 2005-0583.Supreme Court of Ohio. June 29, 2005. Cuyahoga App. No. 84346, 2005-Ohio-390. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law Nos. I and II; 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, […]

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McCONAUGHEAD v. HORAITIS, 106 Ohio St.3d 1412 (2005)

2005-Ohio-3154 McConaughead v. Horaitis. 2005-0430.Supreme Court of Ohio. June 29, 2005. Stark App. Nos. 2004CA00062 and 2004CA00141, 2005-Ohio-215. APPEALS NOT ACCEPTED FOR REVIEW Page 1413 LUNDBERG STRATTON, J., dissents and would accept the discretionary appeal on Proposition of Law Nos. I and II. LANZINGER, J., dissents and would accept the discretionary appeal on Proposition of […]

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STATE v. WEAVER, 106 Ohio St.3d 1409 (2005)

2005-Ohio-3154 State v. Weaver. 2005-0758.Supreme Court of Ohio. June 29, 2005. Hamilton App. No. C-040502. MOTION AND PROCEDURAL RULINGS On motion for stay of court of appeals’ judgment. Motion denied. PFEIFER and o’DONNELL, JJ., dissent.

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HUMBERT v. BORKOWSKI, 106 Ohio St.3d 1418 (2005)

2005-Ohio-3154 Humbert v. Borkowski. 2005-0429.Supreme Court of Ohio. June 29, 2005. Fulton App. No. F-05-007, 2005-Ohio-918. Reported at 105 Ohio St.3d 1495, 2005-Ohio-1666, 825 N.E.2d 620. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied.

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STATE v. MONTGOMERY, 106 Ohio St.3d 1408 (2005)

2005-Ohio-3154 State v. Montgomery. 2005-0586.Supreme Court of Ohio. June 29, 2005. Hamilton App. No. C-040190, 159 Ohio App.3d 752, 2005-Ohio-1018. MOTION AND PROCEDURAL RULINGS On review of order certifying a conflict. The court determines that a conflict exists. Sua sponte, cause consolidated wit State v. Montgomery, Hamilton App. No. C0-40190, 159 Ohio App.3d 752, 2005-Ohio-1018; […]

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STATE EX REL. WHEELER v. OHIO ADULT PAROLE AUTH., 106 Ohio St.3d 1407 (2005)

2005-Ohio-3154 State ex rel. Wheeler v. Ohio Adult Parole Auth. 2005-0698.Supreme Court of Ohio. June 29, 2005. MERIT DECISIONS WITHOUT OPINIONS In Mandamus. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. Petitioner has an adequate remedy at law and therefore is not entitled to extraordinary relief. See State ex rel. Johnson v. Ohio […]

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STATE v. MONTGOMERY, 106 Ohio St.3d 1410 (2005)

2005-Ohio-3154 State v. Montgomery. 2005-0498.Supreme Court of Ohio. June 29, 2005. Hamilton App. No. C-040190, 159 Ohio App.3d 752, 2005-Ohio-1018. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted; cause consolidated with 2005-0586, State v. Montgomery, Hamilton App. No. C-040190, 159 Ohio App.3d 752, 2005-Ohio-1018; cause held for the decisions in 2004-1771, State v. Quinones, Cuyahoga Page […]

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STATE EX REL. JANAS v. COYNE, 106 Ohio St.3d 1407 (2005)

2005-Ohio-3154 State ex rel. Janas v. Coyne. 2005-0722.Supreme Court of Ohio. June 29, 2005. MERIT DECISIONS WITHOUT OPINIONS In Mandamus. On respondent’s answer and motion to dismiss. Motion to dismiss sustained. Cause dismissed. MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL and LANZINGER, JJ., concur.

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APPEALS ACCEPTED FOR REVIEW, Unpublished Decision (6-29-2005)

2005-Ohio-3154 Appeals Accepted For Review. Supreme Court of Ohio. June 29, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] APPEALS ACCEPTED FOR REVIEW 2004-1974. In re Estate of Mason. Hancock App. No. 5-04-01, 2004-Ohio-5644. Discretionary appeal and cross-appeal accepted. Resnick, O’Connor and Lanzinger, JJ., dissent. 2005-0374. State v. Walker. Hamilton […]

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STATE v. HEDRICK, 106 Ohio St.3d 1417 (2005)

2005-Ohio-3154 State v. Hedrick. 2004-1820.Supreme Court of Ohio. June 29, 2005. Summit App. No. 22336. Reported at 105 Ohio St.3d 1499, 2005-Ohio-1666, 825 N.E.2d 623. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied.

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STATE EX REL. COFFMAN v. INDUS. COMM., 106 Ohio St.3d 1410 (2005)

2005-Ohio-3154 State ex rel. Coffman v. Indus. Comm. 2005-0851.Supreme Court of Ohio. June 29, 2005. Franklin App. No. 04AP-303, 2005-Ohio-1519. MOTION AND PROCEDURAL RULINGS 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.

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IN RE KUPCHIK, 106 Ohio St.3d 1413 (2005)

2005-Ohio-3154 In re Kupchik. 2005-0456.Supreme Court of Ohio. June 29, 2005. Cuyahoga App. No. 84493, 2005-Ohio-23. APPEALS NOT ACCEPTED FOR REVIEW Discretionary appeal not accepted. On motion to request a master commissioner to investigate fraud and exclusion of evidence. Motion denied.

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STATE v. BROWN, 106 Ohio St.3d 1409 (2005)

2005-Ohio-3154 State v. Brown. 2005-0730.Supreme Court of Ohio. June 29, 2005. Cuyahoga App. No. 84059, 2004-Ohio-6862. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. PFEIFER, J., dissents.

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BYRD v. SMITH, 106 Ohio St.3d 1414 (2005)

2005-Ohio-3154 Byrd v. Smith. 2005-0493.Supreme Court of Ohio. June 29, 2005. Clermont App. No. CA2004-08-067. APPEALS NOT ACCEPTED FOR REVIEW MOYER, C.J., dissents and would accept the discretionary appeal on Proposition of Law Nos. I, II and III. PFEIFER, J., dissents.

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STATE v. BROWN, 106 Ohio St.3d 1415 (2005)

2005-Ohio-3154 State v. Brown. 2005-0522.Supreme Court of Ohio. June 29, 2005. Fayette App. No. CA2003-07-008. APPEALS NOT ACCEPTED FOR REVIEW MOYER, C.J., dissents and would accept the appeal and hold the cause 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.

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IN RE KEYLOR, 106 Ohio St.3d 1410 (2005)

2005-Ohio-3154 In re Keylor. 2005-0850.Supreme Court of Ohio. June 29, 2005. Monroe App. No. 04 MO 02, 2005-Ohio-1661. MOTION AND PROCEDURAL RULINGS On motion for stay of court of appeals’ judgment. Motion granted.

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STATE EX REL. MORRIS v. HUNTER, 106 Ohio St.3d 1407 (2005)

2005-Ohio-3154 State ex rel. Morris v. Hunter. 2005-0678.Supreme Court of Ohio. June 29, 2005. MERIT DECISIONS WITHOUT OPINIONS In Mandamus. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL and LANZINGER, JJ., concur.

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STATE v. GOKEY, 106 Ohio St.3d 1410 (2005)

834 N.E.2d 354, 2005-Ohio-3154 State v. Gokey. 2005-0968.Supreme Court of Ohio. June 29, 2005. Cuyahoga App. No. 85827. MOTION AND PROCEDURAL RULINGS On motion for stay of court of appeals’ judgment. Motion granted. PFEIFER, J., dissents.

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MOTION PROCEDURAL RULINGS, Unpublished Decision (6-29-2005)

2005-Ohio-3154 Motion And Procedural Rulings. Supreme Court of Ohio. June 29, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] 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 […]

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STATE v. GRIER, 106 Ohio St.3d 1408 (2005)

2005-Ohio-3154 State v. Grier. 2005-0692.Supreme Court of Ohio. June 29, 2005. Summit App. No. 22136, 2005-Ohio-716. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion granted. RESNICK, J., dissents.

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STATE v. ROSENBERG, 106 Ohio St.3d 1410 (2005)

2005-Ohio-3154 State v. Rosenberg. 2005-0459.Supreme Court of Ohio. June 29, 2005. Cuyahoga App. No. 84457, 2005-Ohio-101. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted; cause held for the decision in 2004-1678, State v. Cummings, Cuyahoga App. No. 83759, 2004-Ohio-4470. PFEIFER, J., dissents.

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