Articles Tagged: 2005-Ohio-6763

ROSE v. GARFIELD HTS., 107 Ohio St.3d 1697 (2005)

2005-Ohio-6763 ROSE v. GARFIELD HTS. 2005-1828.Supreme Court of Ohio. December 28, 2005. Cuyahoga App. Nos. 85420 and 85426, 2005-Ohio-4165. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law No. II. RESNICK, PFEIFER and O’DONNELL, JJ., dissent.

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STATE v. CUMMINGS., Unpublished Decision (12-28-2005)

2005-Ohio-6763 State v. Cummings, No. 2004-1678.Supreme Court of Ohio. December 28, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Cuyahoga App. No. 83759, 2004-Ohio-4470. Sua sponte, cause dismissed as having been improvidently accepted. Moyer, C.J., Resnick, Pfeifer, O’Connor, O’Donnell and Lanzinger, JJ., concur. Lundberg Stratton, J., […]

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RIT DECISIONS WITH OPINIONS, Unpublished Decision (12-28-2005)

2005-Ohio-6763 State v. Rosenberg, No. 2005-0459.Supreme Court of Ohio. December 28, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Cuyahoga App. No. 84457, 2005-Ohio-101. Sua sponte, cause dismissed as having been improvidently accepted. Moyer, C.J., Resnick, Pfeifer, O’Connor, O’Donnell and Lanzinger, JJ., concur. Lundberg Stratton, J., […]

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STATE v. QUALLS, 107 Ohio St.3d 1700 (2005)

2005-Ohio-6763 STATE v. QUALLS. 2005-1839.Supreme Court of Ohio. December 29, 2005. Meigs App. No. 05CA12. APPEALS NOT ACCEPTED FOR REVIEW PFEIFER, J., dissents and would accept the discretionary 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, […]

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FERCHILL v. BEACH CLIFF BD. OF TRUSTEES, 107 Ohio St.3d 1698 (2005)

2005-Ohio-6763 FERCHILL v. BEACH CLIFF BD. OF TRUSTEES. 2005-1726.Supreme Court of Ohio. December 28, 2005. Cuyahoga App. No. 84131, 162 Ohio App.3d 144, 2005-Ohio-3475. APPEALS NOT ACCEPTED FOR REVIEW MOYER, C.J., and RESNICK, J., dissent. O’DONNELL, J., dissents and would accept the appeal on Proposition of Law No. II. Page 1699

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HILLIS v. HUMPHREY, 107 Ohio St.3d 1701 (2005)

2005-Ohio-6763 HILLIS v. HUMPHREY. 2005-1456.Supreme Court of Ohio. December 29, 2005. Perry App. No. 05CA6, 2005-Ohio-3459. Reported at 107 Ohio St.3d 1410, 2005-Ohio-5859, 836 N.E.2d 1230. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied.

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STATE v. GREITZER, 107 Ohio St.3d 1696 (2005)

2005-Ohio-6763 STATE v. GREITZER. 2005-1772.Supreme Court of Ohio. December 28, 2005. Portage App. No. 2003-P-0110, 2005-Ohio-4037. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law No. 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, 2004-Ohio-4209; and […]

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PENCE v. INDUS. COMM., Unpublished Decision (12-28-2005)

2005-Ohio-6763 State ex rel. Pence v. Indus. Comm., No. 2005-0230.Supreme Court of Ohio. December 28, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Franklin App. No. 04AP-124, 2004-Ohio-7052. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur.

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ELSTON v. HOWLAND LOCAL SCHOOLS, 107 Ohio St.3d 1694 (2005)

2005-Ohio-6763, 840 N.E.2d 201 ELSTON v. HOWLAND LOCAL SCHOOLS. 2005-2032.Supreme Court of Ohio. December 28, 2005. Trumbull App. No. 2004-T-0092, 2005-Ohio-4765. MOTION AND PROCEDURAL RULINGS 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 […]

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STATE v. CRESS, 107 Ohio St.3d 1695 (2005)

2005-Ohio-6763, 840 N.E.2d 201 STATE v. CRESS. 2005-2114.Supreme Court of Ohio. December 28, 2005. Marion App. No. 9-04-42, 163 Ohio App.3d 46, 2005-Ohio-4620. MOTION AND PROCEDURAL RULINGS 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’ journal […]

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Toledo Bar Assn. v. Hickman, Unpublished Decision (12-28-2005)

2005-Ohio-6763 Toledo Bar Assn. v. Hickman No. 2005-1167.Supreme Court of Ohio. December 28, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-061. Gregg D. Hickman, Attorney Registration No. 0020032, is suspended from the […]

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IN RE C.C., 107 Ohio St.3d 1701 (2005)

2005-Ohio-6763 IN RE C.C. 2005-2181.Supreme Court of Ohio. December 29, 2005. Franklin App. Nos. 04AP-887, 04AP-889, 04AP-890, 04AP-891 and 04AP-892, 2005-Ohio-5163. APPEALS NOT ACCEPTED FOR REVIEW MOYER, C.J., dissents and would accept the appeal on Proposition of Law No. IV. RESNICK, J., dissents.

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SARMIENTO v. GRANGE MUT. INS. CO., 107 Ohio St.3d 1701 (2005)

2005-Ohio-6763 SARMIENTO v. GRANGE MUT. INS. CO. 2004-0193.Supreme Court of Ohio. December 29, 2005. Cuyahoga App. No. 82807, 2003-Ohio-6485. Reported at 106 Ohio St.3d 403, 2005-Ohio-5410, 835 N.E.2d 692. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied. RESNICK, PFEIFER and LANZINGER, JJ., dissent. On motion for clarification. The motion for clarification is granted. […]

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STATE v. COOEY, 107 Ohio St.3d 1693 (2005)

2005-Ohio-6763, 840 N.E.2d 200 STATE v. COOEY. 1988-0351.Supreme Court of Ohio. December 28, 2005. Summit App. No. CA12943. MOTION AND PROCEDURAL RULINGS On amended motion to set execution date. Motion denied. O’DONNELL, J., dissents. O’CONNOR, J., not participating.

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STATE v. BENNER, 107 Ohio St.3d 1693 (2005)

2005-Ohio-6763, 840 N.E.2d 200 STATE v. BENNER. 1987-1614.Supreme Court of Ohio. December 28, 2005. Summit App. No. 12664. MOTION AND PROCEDURAL RULINGS On motion to set execution date. Motion granted. Execution to be carried out on February 7, 2006. O’CONNOR, J., not participating.

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STATE v. JOHNSON, 107 Ohio St.3d 1700 (2005)

2005-Ohio-6763 STATE v. JOHNSON. 2005-1854.Supreme Court of Ohio. December 29, 2005. Franklin App. No. 04AP-539, 163 Ohio App.3d 132, 2005-Ohio-4243. APPEALS NOT ACCEPTED FOR REVIEW MOYER, C.J., and LUNDBERG STRATTON, J., dissent.

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NORWOOD v. HORNEY, 107 Ohio St.3d 1694 (2005)

2005-Ohio-6763, 840 N.E.2d 201 NORWOOD v. HORNEY. 2005-1211.Supreme Court of Ohio. December 28, 2005. Hamilton App. No. C-040783, 161 Ohio App.3d 316, 2005-Ohio-2448. MOTION AND PROCEDURAL RULINGS On motions for admission pro hac vice of Garrett W. Wotkyns and Brian P. Brooks by William Browning, motion for admission pro hac vice of Jeffrey A. Wadsworth […]

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MCCRONE v. BANK ONE CORP., Unpublished Decision (12-28-2005)

2005-Ohio-6763 McCrone v. Bank One Corp., No. 2004-1063 and 2004-1065.Supreme Court of Ohio. December 28, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Stark App. No. 2003CA00092, 2004-Ohio-2538. Judgment reversed and cause remanded. Moyer, C.J., Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. Resnick and Pfeifer, […]

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STATE v. BLUE, 107 Ohio St.3d 1695 (2005)

2005-Ohio-6763 STATE v. BLUE. 2005-2173.Supreme Court of Ohio. December 28, 2005. Lucas App. No. L-05-1236. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. PFEIFER and O’DONNELL, JJ., dissent.

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STATE v. BAILEY, 107 Ohio St.3d 1696 (2005)

2005-Ohio-6763 STATE v. BAILEY. 2005-1778.Supreme Court of Ohio. December 28, 2005. Clermont App. No. CA2005-04-024. 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. Page 1697

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STATE v. FOSTER, 107 Ohio St.3d 1695 (2005)

2005-Ohio-6763 STATE v. FOSTER. 2005-2140.Supreme Court of Ohio. December 28, 2005. Portage App. No. 2004-P-0104, 2005-Ohio-5281. MOTION AND PROCEDURAL RULINGS On motion for stay of court of appeals’ judgment. Motion denied. MOYER, C.J., and RESNICK, J., dissent.

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POULTON v. AM. ECONOMY INS. CO., 107 Ohio St.3d 1701 (2005)

2005-Ohio-6763 POULTON v. AM. ECONOMY INS. CO. 2005-1365.Supreme Court of Ohio. December 29, 2005. Stark App. Nos. 2004CA00226 and 2004CA00228, 2005-Ohio-3123. Reported at 107 Ohio St.3d 1408, 2005-Ohio-5859, 836 N.E.2d 229. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied. MOYER, C.J., and PFEIFER, J., dissent. O’CONNOR, J., dissents and would hold the cause […]

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STATE v. SHORT, 107 Ohio St.3d 1695 (2005)

2005-Ohio-6763 STATE v. SHORT. 2005-2176.Supreme Court of Ohio. December 28, 2005. Cuyahoga App. No. 83804, 2005-Ohio-4578. MOTION AND PROCEDURAL RULINGS On motion for stay of court of appeals’ decision. Motion granted.

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STATE v. SKINNER, 107 Ohio St.3d 1697 (2005)

2005-Ohio-6763 STATE v. SKINNER. 2005-1852.Supreme Court of Ohio. December 28, 2005. Stark App. No. 2004-CA-00283, 2005-Ohio-4273. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law No. III; 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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ABRAMS-RODKEY v. SUMMIT CTY. CHILDREN SERV., 107 Ohio St.3d 1700 (2005)

2005-Ohio-6763 ABRAMS-RODKEY v. SUMMIT CTY. CHILDREN SERV. 2005-1912.Supreme Court of Ohio. December 29, 2005. Summit App. No. 22358, 163 Ohio App.3d 1, 2005-Ohio-4359. APPEALS NOT ACCEPTED FOR REVIEW O’DONNELL, J., dissents and would accept the appeal and hold the cause for the decision in 2004-1594, M. Conley Co. v. Arthur Anderson, Stark App. No. 2003CA00386, […]

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STATE v. CRIM, 107 Ohio St.3d 1696 (2005)

2005-Ohio-6763 STATE v. CRIM. 2005-1708.Supreme Court of Ohio. December 28, 2005. Cuyahoga App. No. 85290, 2005-Ohio-4129. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law Nos. I, II and III; cause held on Proposition of Law Nos. I and II for the decisions in 2004-1771, State v. Quinones, Cuyahoga App. No. 83720, 2004-Ohio-4485, […]

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State v. Anderson, Unpublished Decision (12-28-2005)

2005-Ohio-6763 State ex rel. Dreyer v. Anderson Twp., No. 2005-0503.Supreme Court of Ohio. December 28, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Franklin App. No. 04AP-461, 2005-Ohio-366. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur.

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STATE v. RIVERS, 107 Ohio St.3d 1695 (2005)

2005-Ohio-6763, 840 N.E.2d 201 STATE v. RIVERS. 2005-2124.Supreme Court of Ohio. December 28, 2005. Trumbull App. No. 2003-T-0170, 2005-Ohio-1100. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied.

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CERRONE v. MONEY, 107 Ohio St.3d 1693 (2005)

2005-Ohio-6763, 840 N.E.2d 200 CERRONE v. MONEY. 2005-2094.Supreme Court of Ohio. December 28, 2005. MERIT DECISIONS WITHOUT OPINIONS In Habeas Corpus. On petition for writ of habeas corpus of Dino Cerrone. 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. RUSSELL, 107 Ohio St.3d 1695 (2005)

2005-Ohio-6763 STATE v. RUSSELL. 2005-2171.Supreme Court of Ohio. December 28, 2005. Franklin App. No. 04AP-1149, 2005-Ohio-4063. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. PFEIFER and LUNDBERG STRATTON, JJ., dissent.

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STATE v. STATE EMP. REL. BD., 107 Ohio St.3d 1701 (2005)

2005-Ohio-6763 STATE EX REL. INTERNATL. UNION OF OPERATING ENGINEERS, LOCAL 18 v. STATE EMP. RELATIONS BD. 2005-1793.Supreme Court of Ohio. December 29, 2005. In Prohibition. RECONSIDERATION OF PRIOR DECISIONS Reported at 107 Ohio St.3d 1403, 2005-Ohio-5859, 836 N.E.2d 1225. On motion for reconsideration and request for oral argument. Motion denied. Request for oral argument denied […]

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CRANE v. PERRY., Unpublished Decision (12-28-2005)

2005-Ohio-6763 Crane v. Perry Cty. Bd., of Elections, No. 2005-3097.Supreme Court of Ohio. December 28, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Perry C.P. No. 04-CV-00403. Judgment affirmed. Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. Pfeifer, J., concurs in judgment only. Moyer, C.J., and […]

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STATE v. HILL, 107 Ohio St.3d 1698 (2005)

2005-Ohio-6763 STATE v. HILL. 2005-1720.Supreme Court of Ohio. December 28, 2005. Clark App. No. 04CA0047, 2005-Ohio-3877. APPEALS NOT ACCEPTED FOR REVIEW MOYER, C.J., and PFEIFER, J., dissent and would accept the discretionary 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, […]

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IN RE A.B., 107 Ohio St.3d 1694 (2005)

2005-Ohio-6763, 840 N.E.2d 201 IN RE A.B. 2005-1966.Supreme Court of Ohio. December 28, 2005. Summit App. No. 22659, 2005-Ohio-4936. MOTION AND PROCEDURAL RULINGS 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’ journal entry filed October 17, […]

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IN RE Complaint Against Resnick, Unpublished Decision (12-28-2005)

2005-Ohio-6763 In re Complaint Against Resnick, No. 2005-2396.Supreme Court of Ohio. December 28, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Adjudication by the Supreme Court of Ohio pursuant to Rule 11 of the Rules for the Government of the Judiciary. Alice Robie Resnick, Attorney Registration […]

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STATE v. HOLDEN, 107 Ohio St.3d 1694 (2005)

2005-Ohio-6763, 840 N.E.2d 201 STATE v. HOLDEN. 2005-1765.Supreme Court of Ohio. December 28, 2005. Hamilton App. No. C-040435. MOTION AND PROCEDURAL RULINGS On motion of appellant Norman Holden for stay of court of appeals’ judgment. Motion denied.

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STATE v. BLACK, 107 Ohio St.3d 1695 (2005)

2005-Ohio-6763 STATE v. BLACK. 2005-2165.Supreme Court of Ohio. December 28, 2005. Hamilton App. No. C-050666. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. MOYER, C.J., dissents.

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STATE v. COMMON PLEAS OF CUYAHOGA CTY., 107 Ohio St.3d 1693 (2005)

2005-Ohio-6763, 840 N.E.2d 200 STATE EX REL. KNG ENERGY, INC. v. COURT OF COMMON PLEAS OF CUYAHOGA CTY. 2005-1946.Supreme Court of Ohio. December 28, 2005. MERIT DECISIONS WITHOUT OPINIONS In Prohibition. On respondents’ motion to dismiss and the amended motion for leave to intervene as respondent, and proposed motion to dismiss, of North Coast Gas […]

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STATE v. CRESS, 107 Ohio St.3d 1697 (2005)

2005-Ohio-6763 STATE v. CRESS. 2005-1965.Supreme Court of Ohio. December 28, 2005. Marion App. No. 9-04-42, 163 Ohio App.3d 46, 2005-Ohio-4620. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law No. I and cause consolidated with 2005-2114, State v. Cress, Marion App. No. 9-04-42, 163 Ohio App.3d 46, 2005-Ohio-4620. O’DONNELL, J., would also accept […]

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MERIT DECISIONS WITH OPINIONS, Unpublished Decision (12-28-2005)

2005-Ohio-6763 Hixson v. Callentine, 2005-Ohio-6508. No. 2005-0290.Supreme Court of Ohio. December 28, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Athens App. No. 04CA4, 159 Ohio App.3d 146, 2004-Ohio-5943. Sua sponte, the certification of conflict is dismissed as having been improvidently certified. Moyer, C.J., Resnick, Pfeifer, […]

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STATE v. JOHNSON, 107 Ohio St.3d 1696 (2005)

2005-Ohio-6763 STATE v. JOHNSON. 2005-1705.Supreme Court of Ohio. December 28, 2005. Washington App. No. 04CA23, 2005-Ohio-3943. 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.

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STATE v. ABBOUD, 107 Ohio St.3d 1695 (2005)

2005-Ohio-6763 STATE v. ABBOUD. 2005-2216.Supreme Court of Ohio. December 28, 2005. Cuyahoga App. No. 85750, 2005-Ohio-5847. MOTION AND PROCEDURAL RULINGS On motion for stay of court of appeals’ judgment and motion for appeal bond. Motions denied. O’DONNELL, J., not participating.

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STATE EX REL. BOZSIK v. FORTNEY, 107 Ohio St.3d 1693 (2005)

2005-Ohio-6763, 107 N.E.2d 200 STATE EX REL. BOZSIK v. FORTNEY. 2005-1978.Supreme Court of Ohio. December 28, 2005. MERIT DECISIONS WITHOUT OPINIONS In Mandamus. On relator’s motion for temporary restraining order, respondent’s answer and motion to dismiss, and relator’s motion to strike. Motion to dismiss granted. Motions for temporary restraining order and to strike denied. Cause […]

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FRANKLIN-RENGAN v. RENGAN, 107 Ohio St.3d 1701 (2005)

2005-Ohio-6763 FRANKLIN-RENGAN v. RENGAN. 2004-1218.Supreme Court of Ohio. December 29, 2005. Montgomery App. No. 20705, 2005-Ohio-2763. Reported at 106 Ohio St.3d 1556 2005-Ohio-5531, 836 N.E.2d 581. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied.

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