HAHN v. REDMOND, 114 Ohio St.3d 1409 (2007)

2007-Ohio-2632 Hahn v. Redmond. No. 2007-0339.Supreme Court of Ohio. June 6, 2007. Appeal from the Summit App. No. 23491. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted; cause held for the decision in 2006-1528 and 2006-1589, Hubbell v. Xenia, Greene App. No. 2005 CA 99, 2006-Ohio-3369; and briefing schedule stayed. PFEIFER, J., dissents.

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STATE v. FINNEY, 114 Ohio St.3d 1414 (2007)

2007-Ohio-2632 State v. Finney. No. 2006-2325.Supreme Court of Ohio. June 6, 2007. Appeal from the Fulton App. No. F-06-009, 2006-Ohio-5770. RECONSIDERATION OF PRIOR DECISIONS. Reported at 113 Ohio St.3d 1442, 2007-Ohio-1266, 863 N.E.2d 658. On motion for reconsideration. Motion denied.

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CHRISTIAN v. GANSHEIMER, 114 Ohio St.3d 1406 (2007)

2007-Ohio-2632 Christian v. Gansheimer. No. 2007-0645.Supreme Court of Ohio. June 6, 2007. MERIT DECISIONS WITHOUT OPINIONS. In Habeas Corpus. On petition for writ of habeas corpus of Alan Christian and petitioner’s motion to compel discovery. Sua sponte, cause dismissed. Motion to compel discovery denied as moot. MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER and […]

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OBOJSKI v. PERCIAK, 2006-2121 (6-6-2007)

2007-Ohio-2632 State ex rel. Obojski v. Perciak. No. 2006-2121.Supreme Court of Ohio. June 6, 2007. MERIT DECISIONS WITH OPINIONS Cuyahoga App. No. 87007, 2006-Ohio-5238. Judgment affirmed. Moyer, C.J., Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger and Cupp, JJ., concur. Page 2

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DUNHAM v. DUNHAM, 114 Ohio St.3d 1409 (2007)

2007-Ohio-2632 Dunham v. Dunham. No. 2007-0756.Supreme Court of Ohio. June 6, 2007. Appeal from the Franklin App. No. 05AP-584, 2007-Ohio-1167. MOTION AND PROCEDURAL RULINGS. On motion to stay enforcement of trial court’s decision. Motion denied. MOYER, C.J., and O’CONNOR, J., dissent.

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MALSTER v. WARE, 114 Ohio St.3d 1413 (2007)

2007-Ohio-2632 Malster v. Ware. No. 2007-0464.Supreme Court of Ohio. June 6, 2007. Appeal from the Franklin App. No. 06AP-1255. APPEALS NOT ACCEPTED FOR REVIEW. Discretionary appeal not accepted. Motion for sanctions denied.

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JONES v. COURT OF APPEALS, 114 Ohio St.3d 1406 (2007)

2007-Ohio-2632 State ex rel. Jones v. Court of Appeals, Sixth Appellate Dist. No. 2007-0505.Supreme Court of Ohio. June 6, 2007. MERIT DECISIONS WITHOUT OPINIONS. In Mandamus. On motion to dismiss. Motion to dismiss granted. Cause dismissed. MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER and CUPP, JJ., concur.

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BRYANT v. SUMMIT CTY., 114 Ohio St.3d 1406 (2007)

2007-Ohio-2632 State ex rel. Bryant v. Summit Cty. Court of Common Pleas. No. 2007-0488.Supreme Court of Ohio. June 6, 2007. MERIT DECISIONS WITHOUT OPINIONS. In Mandamus. On motion to dismiss. Motion to dismiss granted. Cause dismissed. MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O’CONNOR, LANZINGER and CUPP, JJ., concur. O’DONNELL, J., dissents and would grant an alternative […]

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REIMUND v. HANNA, 114 Ohio St.3d 1410 (2007)

2007-Ohio-2632 Reimund v. Hanna. No. 2007-0261.Supreme Court of Ohio. June 6, 2007. Appeal from the Hancock App. No. 5-06-09, 2006-Ohio-6848. APPEALS NOT ACCEPTED FOR REVIEW. Discretionary appeal and cross-appeal not accepted.

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WELLING v. WEINFELD, 2005-1964 (6-6-2007)

2007-Ohio-2632 Welling v. Weinfeld. No. 2005-1964.Supreme Court of Ohio. June 6, 2007. MERIT DECISIONS WITH OPINIONS Stark App. No. 2004CA00340, 2005-Ohio-4721. Judgment reversed and cause remanded. Moyer, C.J., Sweeney, Pfeifer, Lundberg Stratton and O’Donnell, JJ., concur. O’Connor and Lanzinger, JJ., dissent and would dismiss the cause as having been improvidently accepted. James J. Sweeney, J., […]

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STATE v. WITHERS, 114 Ohio St.3d 1408 (2007)

2007-Ohio-2632 State v. Withers. No. 2007-0632.Supreme Court of Ohio. June 6, 2007. Appeal from the Franklin App. Nos. 06AP-302 and 06AP-303, 2006-Ohio-6989. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion granted. O’DONNELL and CUPP, JJ., dissent.

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STATE v. WRIGHT, 114 Ohio St.3d 1414 (2007)

2007-Ohio-2632 State ex rel. Summers v. Wright. No. 2007-0105.Supreme Court of Ohio. June 6, 2007. Appeal from the In Mandamus. Reported at 113 Ohio St.3d 1438, 2007-Ohio-1266, 863 N.E.2d 655. RECONSIDERATION OF PRIOR DECISIONS. On motion for reconsideration. Motion denied.

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COLLINS v. LYONS, 114 Ohio St.3d 1406 (2007)

2007-Ohio-2632 Collins v. Lyons. No. 2007-0554.Supreme Court of Ohio. June 6, 2007. Appeal from the Erie App. No. E-07-006, 2007-Ohio-745. MERIT DECISIONS WITHOUT OPINIONS. On motion to dismiss appeal. Motion granted. Cause dismissed. MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER and CUPP, JJ., concur.

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STATE v. STADMIRE, 114 Ohio St.3d 1408 (2007)

2007-Ohio-2632 State v. Stadmire. No. 2007-0627.Supreme Court of Ohio. June 6, 2007. Appeal from the Cuyahoga App. No. 81188, 2003-Ohio-873. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion denied.

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STATE v. GARDNER, 114 Ohio St.3d 1409 (2007)

2007-Ohio-2632 State v. Gardner. No. 2007-0375.Supreme Court of Ohio. June 6, 2007. Appeal from the Montgomery App. No. 21357, 2007-Ohio-182. APPEALS ACCEPTED FOR REVIEW. O’CONNOR, J., would also hold the cause for the decision in 2006-2135, State v. Wamsley, Columbiana App. No. 05 CO 11, 2006-Ohio-5303. PFEIFER, LANZINGER and CUPP, JJ., dissent. Page 1410

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ROGERS v. DAYTON, 114 Ohio St.3d 1408 (2007)

2007-Ohio-2632 Rogers v. Dayton. No. 2007-0684.Supreme Court of Ohio. June 6, 2007. Appeal from the Montgomery App. No. 21593, 2007-Ohio-673. 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 at page 6 of the court of appeals’ Decision […]

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STATE v. VOGT, 114 Ohio St.3d 1408 (2007)

2007-Ohio-2632 State v. Vogt. No. 2007-0670.Supreme Court of Ohio. June 6, 2007. Appeal from the Stark App. No. 2006CA00183, 2007-Ohio-488. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion granted. O’CONNOR, O’DONNELL and LANZINGER, JJ., dissent.

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SWAISGOOD v. PUDER, 114 Ohio St.3d 1410 (2007)

2007-Ohio-2632 Swaisgood v. Puder. No. 2007-0442.Supreme Court of Ohio. June 6, 2007. Appeal from the Erie App. No. E-06-033, 2007-Ohio-307. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted; cause held for the decision in 2007-0035 and 2007-0112, Turner v. Ohio Bell Tel. Co., Cuyahoga App. No. 87541, 2006-Ohio-6168; and briefing schedule stayed. Motion to consolidate denied. […]

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STRASEL v. SEVEN HILLS OB-GYN, 114 Ohio St.3d 1411 (2007)

2007-Ohio-2632 Strasel v. Seven Hills OB-GYN Assoc., Inc. No. 2007-0378.Supreme Court of Ohio. June 6, 2007. Appeal from the Hamilton App. Nos. C-050341 and C-050364, 2007-Ohio-171. APPEALS NOT ACCEPTED FOR REVIEW. LUNDBERG STRATTON, J., dissents and would accept the appeal on Proposition of Law Nos. I, II, III, IV, and V.

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HOLT v. COLUMBUS, 114 Ohio St.3d 1407 (2007)

2007-Ohio-2632 State ex rel. Holt v. Columbus. No. 2007-0329.Supreme Court of Ohio. June 6, 2007. MOTION AND PROCEDURAL RULINGS. In Mandamus. On answer of respondent. Alternative writ is granted and the following briefing schedule is set for presentation of evidence and filing of briefs pursuant to S.Ct.Prac.R. X.: The parties shall file any evidence they […]

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STATE v. GUMM, 114 Ohio St.3d 1410 (2007)

2007-Ohio-2632 State v. Gumm. No. 2007-0097.Supreme Court of Ohio. June 6, 2007. Appeal from the Hamilton App. Nos. C-050647, C-050704 and C-050752, 169 Ohio App.3d 650, 2006-Ohio-6451. APPEALS NOT ACCEPTED FOR REVIEW. Discretionary appeal and cross-appeal not accepted.

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STATE v. BROOM, 114 Ohio St.3d 1407 (2007)

2007-Ohio-2632 State v. Broom. No. 1987-1674.Supreme Court of Ohio. June 6, 2007. Appeal from the Cuyahoga App. No. 51237. MOTION AND PROCEDURAL RULINGS. On motion to set execution date and motion to stay ruling on motion to set execution date. Motion to stay ruling on the motion to set execution date is denied, and the […]

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BORKOWSKI v. ABOOD, 114 Ohio St.3d 1407 (2007)

2007-Ohio-2632 Borkowski v. Abood. No. 2006-1913.Supreme Court of Ohio. June 6, 2007. Appeal from the Lucas App. No. L-05-1425, 169 Ohio App.3d 31, 2006-Ohio-4913. MOTION AND PROCEDURAL RULINGS. On motion to consolidate with 2007-0564, State ex rel. Borkowski v. Markus. Motion denied.

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ALBRECHT v. TREON, 114 Ohio St.3d 1407 (2007)

2007-Ohio-2632 Albrecht v. Treon. No. 2007-0507.Supreme Court of Ohio. June 6, 2007. MOTION AND PROCEDURAL RULINGS. Certified Question of State Law, United States District Court, Southern District of Ohio, Western Division, No. 1:06CV274. On review of preliminary memoranda pursuant to S.Ct.Prac.R. XVIII (6). The court will answer the following question: “Whether the next of kin […]

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PROCTOR v. COSTAL BROS, 114 Ohio St.3d 1414 (2007)

2007-Ohio-2632 Proctor v. Costal Bros. No. 2007-0026.Supreme Court of Ohio. June 6, 2007. Appeal from the Trumbull App. No. 2005-T-0111, 2006-Ohio-6343. RECONSIDERATION OF PRIOR DECISIONS. Reported at 113 Ohio St.3d 1467, 2007-Ohio-1722, 864 N.E.2d 653. On motion for reconsideration. Motion denied.

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WOHL v. SWINNEY, 114 Ohio St.3d 1407 (2007)

2007-Ohio-2632 Wohl v. Swinney. No. 2007-0593.Supreme Court of Ohio. June 6, 2007. Appeal from the Butler App. No. CA2006-05-123, 2007-Ohio-592. 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 at page 3 of the court of appeals’ Entry […]

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NORTH v. COLLINS, 114 Ohio St.3d 1406 (2007)

2007-Ohio-2632 North v. Collins. No. 2007-0635.Supreme Court of Ohio. June 6, 2007. MERIT DECISIONS WITHOUT OPINIONS. In Habeas Corpus. On petition for writ of habeas corpus of Leslie R. North. Sua sponte, cause dismissed. MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER and CUPP, JJ., concur.

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ROGERS v. DAYTON, 114 Ohio St.3d 1410 (2007)

2007-Ohio-2632 Rogers v. Dayton. No. 2007-0549.Supreme Court of Ohio. June 6, 2007. Appeal from the Montgomery App. No. 21593, 2007-Ohio-673. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted and cause consolidated with 2007-0684, Rogers v. Dayton, Montgomery App. No. 21593, 2007-Ohio-673. MOYER, C.J., would accept the appeal on Proposition of Law Nos. I and II only. […]

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STATE v. WILSON, 114 Ohio St.3d 1409 (2007)

2007-Ohio-2632 State v. Wilson. No. 2007-0741.Supreme Court of Ohio. June 6, 2007. Appeal from the Union App. No. 14-06-19, 2006-Ohio-6P30. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion denied. PFEIFER, O’CONNOR and O’DONNELL, JJ., dissent.

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STATE v. HENDERSON, 114 Ohio St.3d 1408 (2007)

2007-Ohio-2632 State v. Henderson. No. 2007-0625.Supreme Court of Ohio. June 6, 2007. Appeal from the Summit App. No. 23512. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion denied. MOYER, C.J., and PFEIFER, J., dissent.

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STATE v. OUCH, 114 Ohio St.3d 1410 (2007)

2007-Ohio-2632 State v. Ouch. No. 2007-0272.Supreme Court of Ohio. June 6, 2007. Appeal from the Franklin App. No. 06AP-488, 2006-Ohio-6949. APPEALS NOT ACCEPTED FOR REVIEW. Discretionary appeal and cross-appeal not accepted.

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DISCIPLINARY COUNSEL v. FRIEDMAN, 2006-2341 (6-6-2007)

2007-Ohio-2632 Disciplinary Counsel v. Friedman. No. 2006-2341.Supreme Court of Ohio. June 6, 2007. MERIT DECISIONS WITH OPINIONS On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-078. Benjamin Stuart Friedman, Attorney Registration No. 0074348, is suspended from the practice of law in Ohio for two years, with six months stayed on […]

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STATE v. KEYES, 114 Ohio St.3d 1408 (2007)

2007-Ohio-2632 State v. Keyes. No. 2007-0663.Supreme Court of Ohio. June 6, 2007. Appeal from the Meigs App. No. 05CA16, 2006-Ohio-5032. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion denied. CUPP, J., dissents.

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FLINT v. INTERNATL. MULTIFOODS, 114 Ohio St.3d 1406 (2007)

2007-Ohio-2632 Flint v. Internatl. Multifoods, Inc. No. 2007-0555.Supreme Court of Ohio. June 6, 2007. Appeal from the Lorain App. No. 06CA008918, 2007-Ohio-679. MERIT DECISIONS WITHOUT OPINIONS. On review of order certifying a conflict. The court determines that no conflict exists. This cause is therefore dismissed. PFEIFER, O’CONNOR, O’DONNELL, LANZINGER and Cupp, JJ., concur. MOYER, C.J., […]

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STATE v. CABRALES, 114 Ohio St.3d 1410 (2007)

2007-Ohio-2632 State v. Cabrales. No. 2007-0651.Supreme Court of Ohio. June 6, 2007. Appeal from the Hamilton App. No. C-050682, 2007-Ohio-857. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted on Proposition of Law No. IV and cause consolidated with 2007-0595, State v. Cabrales, Hamilton App. No. C-050682, 2007-Ohio-857. PFEIFER and O’DONNELL, JJ., dissent. LANZINGER, J., not participating.

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STATE v. DARKS, 114 Ohio St.3d 1413 (2007)

2007-Ohio-2632 State v. Darks. No. 2007-0474.Supreme Court of Ohio. June 6, 2007. Appeal from the Franklin App. Nos. 05AP-982, 05AP-983 and 05AP-984, 2006-Ohio-3144. APPEALS NOT ACCEPTED FOR REVIEW. MOYER, C.J., and CUPP, J., dissent and would accept the appeal and hold the cause for the decision in 2006-1245 and 2006-1383 State v. Payne, Franklin App. […]

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STATE v. McCREE, 114 Ohio St.3d 1409 (2007)

2007-Ohio-2632 State v. McCree. No. 2007-0730.Supreme Court of Ohio. June 6, 2007. Appeal from the Cuyahoga App. No. 87951, 2007-Ohio-268. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion denied. PFEIFER, LUNDBERG STRATTON and CUPP, JJ., dissent.

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STATE v. BROWN, 114 Ohio St.3d 1409 (2007)

2007-Ohio-2632 State v. Brown. No. 2007-0184.Supreme Court of Ohio. June 6, 2007. Appeal from the Cuyahoga App. No. 87651, 2006-Ohio-6267. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted on Proposition of Law Nos. I and II. PFEIFER, O’DONNELL and LANZINGER, JJ., dissent. Discretionary cross-appeal accepted on Proposition of Law No. VI and held for the decision […]

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JENNINGS v. AKRON, 114 Ohio St.3d 1406 (2007)

2007-Ohio-2632 State ex rel. Jennings v. Akron. No. 2007-0631.Supreme Court of Ohio. June 6, 2007. MERIT DECISIONS WITHOUT OPINIONS. In Mandamus. On respondent’s motion to dismiss and relator’s motion for new trial. Motion to dismiss granted. Motion for new trial denied. Cause dismissed. MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER and CUPP, JJ., concur.

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AERO FULFILLMENT v. TARTAR, 114 Ohio St.3d 1412 (2007)

2007-Ohio-2632 Aero Fulfillment Servs., Inc. v. Tartar. No. 2007-0393.Supreme Court of Ohio. June 6, 2007. Appeal from the Hamilton App. No. C-060071, 2007-Ohio-174. APPEALS NOT ACCEPTED FOR REVIEW. LUNDBEBG STRATTON, J., dissents. O’Donnell, J., dissents and would accept the appeal on Proposition of Law No. I.

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SNEED v. ANDERSON, 2007-0081 (6-6-2007)

2007-Ohio-2632 State ex rel. Sneed v. Anderson. No. 2007-0081.Supreme Court of Ohio. June 6, 2007. MERIT DECISIONS WITH OPINIONS Lorain App. No. 06CA009051. Judgment affirmed. Moyer, C.J., Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger and Cupp, JJ., concur.

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PATTERSON v. INDUS. COMM., 114 Ohio St.3d 1406 (2007)

2007-Ohio-2632 State ex rel. Patterson v. Indus. Comm. No. 2006-2358.Supreme Court of Ohio. June 6, 2007. Appeal from the Franklin App. No. 05AP-1247. MERIT DECISIONS WITHOUT OPINIONS. On motions of Industrial Commission of Ohio and Greater Cleveland Regional Transit Authority to dismiss appeal. Motions granted. Cause dismissed. MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER […]

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STATE v. SCHWEITZER, 114 Ohio St.3d 1414 (2007)

2007-Ohio-2632 State v. Schweitzer. No. 2006-2391.Supreme Court of Ohio. June 6, 2007. Appeal from the Auglaize App. No. 2-06-25, 2006-Ohio-6087. RECONSIDERATION OF PRIOR DECISIONS. Reported at 113 Ohio St.3d 1466, 2007-Ohio-1722, 864 N.E.2d 653. On motion for reconsideration. Motion denied. CUPP, J., not participating.

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PULLINS v. EYSTER, 114 Ohio St.3d 1406 (2007)

2007-Ohio-2632 State ex rel. Pullins v. Eyster. No. 2007-0653.Supreme Court of Ohio. June 6, 2007. MERIT DECISIONS WITHOUT OPINIONS. In Procedendo and Prohibition. On motion to dismiss. Motion to dismiss granted. Cause dismissed. MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER and CUPP, JJ., concur. Page 1407

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MUN. CONSTR. EQUIP. OPERATORS’ v. CLEVELAND, 2006-1688 (6-6-2007)

2007-Ohio-2632 State ex rel. Mun. Constr. Equip. Operators’ Labor Council v. Cleveland. No. 2006-1688.Supreme Court of Ohio. June 6, 2007. MERIT DECISIONS WITH OPINIONS Cuyahoga App. No. 86263, 2006-Ohio-4273. Judgment affirmed. Moyer, C.J., Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger and Cupp, JJ., concur.

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GROCH v. GEN. MOTORS, 114 Ohio St.3d 1407 (2007)

2007-Ohio-2632 Groch v. Gen. Motors Corp. No. 2006-1914.Supreme Court of Ohio. June 6, 2007. MOTION AND PROCEDURAL RULINGS. Certified Question of State Law, United States District Court, Northern District of Ohio, Western Division, No. 3:06-CV-1604. On motion for admission pro hac vice of Mark A. Behrens by Victor E. Schwartz. Motion granted.

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HAGEMAN v. SOUTHWEST GEN. HEALTH CTR., 114 Ohio St.3d 1410 (2007)

2007-Ohio-2632 Hageman v. Southwest Gen. Health Ctr. No. 2007-0376.Supreme Court of Ohio. June 6, 2007. Appeal from the Cuyahoga App. No. 87826, 2006-Ohio-6765. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal of Barbara A. Belovich accepted. PFEIFER and LANZINGER, JJ., dissent. Discretionary appeal of Kenneth C. Hageman not accepted. LUNDBERG STRATTON, J., dissents.

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HOWARD v. INDUS. COMM., 114 Ohio St.3d 1407 (2007)

2007-Ohio-2632 State ex rel. Howard v. Indus. Comm. No. 2003-1572.Supreme Court of Ohio. June 6, 2007. Appeal from the Franklin App. No. 97AP-860. MOTION AND PROCEDURAL RULINGS. On motion for leave to file a response to status report and orders issued December 14, 2005, January 5, 2007, and March 28, 2007. Motion denied. CUPP, J., […]

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ASHIPA v. KUBICKI, 114 Ohio St.3d 1406 (2007)

2007-Ohio-2632 State ex rel. Ashipa v. Kubicki. No. 2007-0638.Supreme Court of Ohio. June 6, 2007. MERIT DECISIONS WITHOUT OPINIONS. In Prohibition. On motion to dismiss. Motion to dismiss granted. Cause dismissed. MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER and CUPP, JJ., concur.

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