STATE v. ROSS, 115 Ohio St.3d 1439 (2007)

2007-Ohio-5567 State v. Ross. No. 2007-1407.Supreme Court of Ohio. October 24, 2007. Ashtabula App. No. 2006-A-0088, 2007-Ohio-3388. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted; cause held for the decision in 2007-0052, State v. Simpkins, Cuyahoga App. No. 87692, 2006-Ohio-6028; and briefing schedule stayed. PFEIFER, J., dissents.

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STATE v. NUCKLOS, 115 Ohio St.3d 1445 (2007)

2007-Ohio-5567 State v. Nucklos. No. 2007-0754.Supreme Court of Ohio. October 24, 2007. Clark App. No. 06CA0023, 171 Ohio App.3d 38, 2007-Ohio-1025. RECONSIDERATION OF PRIOR DECISIONS. Reported at 114 Ohio St.3d 1507, 2007-Ohio-4285, 872 N.E.2d 949. On motion for reconsideration. Motion denied. LUNDBERG STRATTON, O’CONNOR, and CUPP, JJ., dissent. Motion for admission pro hac vice of […]

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STATE v. HARMON, 115 Ohio St.3d 1439 (2007)

2007-Ohio-5567 State v. Harmon. No. 2007-1269.Supreme Court of Ohio. October 24, 2007. Hamilton App. No. C-060614. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law No. I; cause held for the decision in 2007-0052, State v. Simpkins, Cuyahoga App. No. 87692, 2006-Ohio-6028; and briefing schedule stayed. MOYER, C.J., and PFEIFER, J., dissent.

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MANLEY v. MARSICO, 2006-1263 (10-24-2007)

2007-Ohio-5567 Manley v. Marsico, Slip Opinion No. 2007-Ohio-5543. No. 2006-1263.Supreme Court of Ohio. October 24, 2007. MERIT DECISIONS WITH OPINIONS Clinton App. No. CA2006-04-013. Judgment affirmed. Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger and Cupp, JJ., concur.

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STATE v. AIRWYKE, 115 Ohio St.3d 1438 (2007)

2007-Ohio-5567 State v. Airwyke. No. 2007-1376.Supreme Court of Ohio. October 24, 2007. Trumbull App. No. 2006-T-0073, 2007-Ohio-3199. MOTION AND PROCEDURAL RULINGS On motion for bail and stay of execution of sentence. Motion denied. O’CONNOR, J., not participating.

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STATE v. GRIFFITH, 115 Ohio St.3d 1443 (2007)

2007-Ohio-5567 State v. Griffith. No. 2007-1288.Supreme Court of Ohio. October 24, 2007. Franklin App. No. 07AP-288. APPEALS ACCEPTED FOR REVIEW Discretionary appeal not accepted. Motion for transcript of proceedings denied as moot.

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STATE v. BOGGING, 115 Ohio St.3d 1438 (2007)

2007-Ohio-5567 State ex rel. Jones v. Bogging. No. 2007-1591.Supreme Court of Ohio. October 24, 2007. MERIT DECISIONS WITHOUT OPINIONS In Mandamus. On motion to dismiss. Motion to dismiss granted. Cause dismissed. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur.

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CLUMM v. OHIO DEPT. OF REHAB., 115 Ohio St.3d 1437 (2007)

2007-Ohio-5567 Clumm v. Ohio Dept. of Rehab. Corr. No. 2007-1519.Supreme Court of Ohio. October 24, 2007. MERIT DECISIONS WITHOUT OPINIONS In Prohibition. On answer of respondents and motion for judgment on the pleadings. Motion for judgment on the pleadings granted. Cause dismissed. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur.

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GNFH v. W. AM. INS. CO., 115 Ohio St.3d 1438 (2007)

2007-Ohio-5567 GNFH, Inc. v. W. Am. Ins. Co. No. 2007-1659.Supreme Court of Ohio. October 24, 2007. Miami App. No. 06-CA-50, 172 Ohio App.3d 127, 2007-Ohio-2722. 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’DONNELL, LANZINGER, and CUPP, JJ., concur. […]

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STATE v. JESTER, 115 Ohio St.3d 1442 (2007)

2007-Ohio-5567 State v. Jester. No. 2007-1201.Supreme Court of Ohio. October 24, 2007. Hamilton App. No. C-060740. APPEALS ACCEPTED FOR REVIEW O’DONNELL, J., dissents and would accept the appeal on Proposition of Law No. I.

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IN RE LEE J., 115 Ohio St.3d 1441 (2007)

2007-Ohio-5567 In re Lee J. No. 2007-1191.Supreme Court of Ohio. October 24, 2007. Sandusky App. No. S-06-030, 2007-Ohio-2400. APPEALS ACCEPTED FOR REVIEW LUNDBERG STRATTON, J., dissents and would accept the appeal on Proposition of Law No. I and hold the cause for the decision in 2007-0291 and 2007-0472, State v. D.H., Franklin App. No. 06AP-250, […]

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AUSTIN v. AUSTIN, 115 Ohio St.3d 1437 (2007)

2007-Ohio-5567 Austin v. Austin. No. 2007-0945.Supreme Court of Ohio. October 24, 2007. MERIT DECISIONS WITHOUT OPINIONS In Prohibition. On motions to dismiss. Motions to dismiss granted. Motion to strike motions to dismiss and motion to correct error denied as moot. Cause dismissed. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur.

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STATE v. JOHNSON, 115 Ohio St.3d 1439 (2007)

2007-Ohio-5567 State v. Johnson. No. 2007-1185.Supreme Court of Ohio. October 24, 2007. Cuyahoga App. No. 88169, 2007-Ohio-2225. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law No. I; cause held for the decision in 2007-0184, State v. Brown, Cuyahoga App. No. 87651, 2006-Ohio-6267; and briefing schedule stayed. PFEIFER and LANZINGER, JJ., dissent.

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STATE v. WHITE, 115 Ohio St.3d 1444 (2007)

2007-Ohio-5567 State v. White. No. 2007-1527.Supreme Court of Ohio. October 24, 2007. Ashland App. No. 2006-COA-014, 2007-Ohio-3424. APPEALS ACCEPTED FOR REVIEW O’DONNELL, J., dissents and would accept the appeal on Proposition of Law No. I.

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STATE v. TOWNSEND, 115 Ohio St.3d 1442 (2007)

2007-Ohio-5567 State v. Townsend. No. 2007-1248.Supreme Court of Ohio. October 24, 2007. Cuyahoga App. No. 88065, 2007-Ohio-2370. APPEALS ACCEPTED FOR REVIEW LUNDBERG STRATTON and CUPP, JJ., dissent and would accept the appeal on Proposition of Law No. I and hold the cause for the decision in 2007-0651, State v. Cabrales, Hamilton App. No. C-050682, 2007-Ohio-857. […]

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McFADDEN v. CLEVELAND STATE UNIV., 115 Ohio St.3d 1445 (2007)

2007-Ohio-5567 McFadden v. Cleveland State Univ. No. 2007-0705.Supreme Court of Ohio. October 24, 2007. Franklin App. No. 06AP-638, 2007-Ohio-298 and 170 Ohio App.3d 142, 2007-Ohio-939. RECONSIDERATION OF PRIOR DECISIONS. On motion for reconsideration. Motion for reconsideration granted and discretionary appeal accepted. O’CONNOR, O’DONNELL, and LANZINGER, JJ., dissent.

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STATE EX REL. CITIZENS FOR OPEN v. REGISTER, 2007-0238 (10-24-2007)

2007-Ohio-5567 State ex rel. Citizens for Open, Responsive Accountable Govt. v. Register, Slip Opinion No. 2007-Ohio-5542. No. 2007-0238.Supreme Court of Ohio. October 24, 2007. MERIT DECISIONS WITH OPINIONS In Mandamus. Writ granted in part and denied in part. Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.

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TIMEONI v. CIANCIBELLI, 115 Ohio St.3d 1440 (2007)

2007-Ohio-5567 Timeoni v. Ciancibelli. No. 2007-1102.Supreme Court of Ohio. October 24, 2007. Ashtabula App. No. 2006-A-0077, 2007-Ohio-2312. APPEALS ACCEPTED FOR REVIEW LUNDBERG STRATTON, J., dissents. O’DONNELL, J., dissents and would accept the appeal on Proposition of Law No. I.

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STATE v. ABNER, 115 Ohio St.3d 1438 (2007)

2007-Ohio-5567 State v. Abner. No. 2007-1655.Supreme Court of Ohio. October 24, 2007. Stark App. No. 2006 CA 00180, 2007-Ohio-3053. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion Page 1439 denied. PFEIFER and LUNDBERG STRATTON, JJ., dissent.

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STATE v. SMITH, 115 Ohio St.3d 1443 (2007)

2007-Ohio-5567 State v. Smith. No. 2007-1293.Supreme Court of Ohio. October 24, 2007. Hamilton App. No. C-060133. APPEALS ACCEPTED FOR REVIEW O’CONNOR, J., dissents and would accept the appeal on Proposition of Law No. I and hold the cause for the decision in 2007-0651, State v. Cabrales, Hamilton App. No. C-050682, 2007-Ohio-857.

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WALKER v. O’FARRELL, 115 Ohio St.3d 1438 (2007)

2007-Ohio-5567 Walker v. O’Farrell. No. 2007-1613.Supreme Court of Ohio. October 24, 2007. MERIT DECISIONS WITHOUT OPINIONS In Prohibition. On motion to dismiss. Motion to dismiss granted. Motion for leave to intervene denied as moot. Cause dismissed. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur.

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BRODY v. SCR-SCP, 115 Ohio St.3d 1445 (2007)

2007-Ohio-5567 Brody v. SCR-SCP, Inc. No. 2007-0906.Supreme Court of Ohio. October 24, 2007. Medina App. No. 06CA0062-M, 2007-Ohio-1477. RECONSIDERATION OF PRIOR DECISIONS. Reported at 114 Ohio St.3d 1512, 2007-Ohio-4285, 872 N.E.2d 953. On motion for reconsideration. Motion denied. LUNDBERG STRATTON, O’DONNELL, and LANZINGER, JJ., dissent.

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DANZIGER v. YARBROUGH, 115 Ohio St.3d 1445 (2007)

2007-Ohio-5567 State ex rel. Danziger v. Yarbrough. No. 2007-0123.Supreme Court of Ohio. October 24, 2007. Sandusky App. No. S-06-034, 2006-Ohio-6811. RECONSIDERATION OF PRIOR DECISIONS. Reported at 114 Ohio St.3d 261, 2007-Ohio-4009, 871 N.E.2d 593. On motion for reconsideration. Motion denied. PFEIFER, LUNDBERG STRATTON, and LANZINGER, JJ., dissent.

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STATE v. SIENG, 115 Ohio St.3d 1445 (2007)

2007-Ohio-5567 State v. Sieng. No. 2007-0710.Supreme Court of Ohio. October 24, 2007. Franklin App. No. 06AP-852, 2007-Ohio-1502. RECONSIDERATION OF PRIOR DECISIONS. Reported at 114 Ohio St.3d 1509, 2007-Ohio-4285, 872 N.E.2d 951. On motion for reconsideration. Motion denied.

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GNFH v. W. AM. INS. CO., 115 Ohio St.3d 1443 (2007)

2007-Ohio-5567 GNFH, Inc. v. W. Am. Ins. Co. No. 2007-1280.Supreme Court of Ohio. October 24, 2007. Miami App. No. 06-CA-50, 172 Ohio App.3d 127, 2007-Ohio-2722. APPEALS ACCEPTED FOR REVIEW LUNDBERG STRATTON and O’CONNOR, JJ., dissent. CUPP, J., dissents and would accept the appeal on Proposition of Law No. II.

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SMALLEY v. FRIEDMAN, 115 Ohio St.3d 1444 (2007)

2007-Ohio-5567 Smalley v. Friedman, Damiano Smith Co., L.P.A. No. 2007-1309.Supreme Court of Ohio. October 24, 2007. Cuyahoga App. No. 88398,172 Ohio App.3d 108, 2007-Ohio-2646. APPEALS ACCEPTED FOR REVIEW MOYER, C.J., and O’CONNOR and O’DONNELL, JJ., dissent.

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STATE v. HOGAN, 115 Ohio St.3d 1443 (2007)

2007-Ohio-5567 State v. Hogan. No. 2007-1264.Supreme Court of Ohio. October 24, 2007. Mahoning App. No. 06 MA 152, 2007-Ohio-3334. APPEALS ACCEPTED FOR REVIEW O’DONNELL, J., dissents and would accept the appeal on Proposition of Law No. IV.

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DAYTON BAR ASSN. v. ROGERS, 2007-0746 (10-24-2007)

2007-Ohio-5567 Dayton Bar Assn. v. Rogers, Slip Opinion No. 2007-Ohio-5544. No. 2007-0746.Supreme Court of Ohio. October 24, 2007. MERIT DECISIONS WITH OPINIONS On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-039. Richard Hunter Rogers, Attorney Registration No. 0017858, is suspended from the practice of law in Ohio for two years. […]

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STATE v. D.H., 115 Ohio St.3d 1438 (2007)

2007-Ohio-5567 State v. D.H. Nos. 2007-0291 and 2007-0472.Supreme Court of Ohio. October 24, 2007. Franklin App. No. 06AP-250, 169 Ohio App.3d 798, 2006-Ohio-6953. MOTION AND PROCEDURAL RULINGS On motion for admission pro hac vice of Benjamin C. Mizer by William P. Marshall. Motion granted.

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STATE v. MULLINS, 115 Ohio St.3d 1445 (2007)

2007-Ohio-5567 State v. Mullins. No. 2007-0661.Supreme Court of Ohio. October 24, 2007. Franklin App. No. 06AP-640, 2007-Ohio-796. RECONSIDERATION OF PRIOR DECISIONS. Reported at 114 Ohio St.3d 1508, 2007-Ohio-4285, 872 N.E.2d 950. On motion for reconsideration. Motion denied.

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STATE v. MOORE, 115 Ohio St.3d 1438 (2007)

2007-Ohio-5567 State ex rel. Pearl v. Moore. No. 2007-1678.Supreme Court of Ohio. October 24, 2007. MERIT DECISIONS WITHOUT OPINIONS In Habeas Corpus. On petition for writ of habeas corpus of William Pearl. Sua sponte, cause dismissed. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur.

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STATE v. BALDERSON, 115 Ohio St.3d 1439 (2007)

2007-Ohio-5567 State v. Balderson. No. 2007-1203.Supreme Court of Ohio. October 24, 2007. Stark App. No. 2006-CA-00226, 2007-Ohio-2463. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted; cause held for the decision in 2007-0052, State v. Simpkins, Cuyahoga App. No. 87692, 2006-Ohio-6028; and briefing schedule stayed. PFEIFER, J., dissents.

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STATE v. FAIS, 115 Ohio St.3d 1438 (2007)

2007-Ohio-5567 State ex rel. Columbus S. Power Co. v. Fais. No. 2007-1382.Supreme Court of Ohio. October 24, 2007. MOTION AND PROCEDURAL RULINGS In Prohibition. On motion for leave to intervene and answer of intervening respondent. Motion for leave to intervene granted. Sua sponte, an alternative writ is granted, and the following briefing schedule is set […]

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HEYDON v. OHIO DEPT. OF COMMERCE, 2007-1011 (10-24-2007)

2007-Ohio-5567 Heydon v. Ohio Dept. of Commerce, Slip Opinion No. 2007-Ohio-5553. No. 2007-1011.Supreme Court of Ohio. October 24, 2007. MERIT DECISIONS WITH OPINIONS Summit App. No. 23391, 2007-Ohio-1818. Discretionary appeal accepted. Judgment reversed and cause remanded. Moyer, C.J., and Lundberg Stratton, O’Connor, Lanzinger, and Cupp, JJ., concur. O’Donnell, J., concurs separately. Pfeifer, J., dissents for […]

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IN RE CRIMINAL SENTENCING CASES (10-24-2007)

2007-Ohio-5567 In re Criminal Sentencing Cases, Slip Opinion No. 2007-Ohio-5551. Supreme Court of Ohio. October 24, 2007. MERIT DECISIONS WITH OPINIONS Dispositions of currently pending appeals and certified conflicts entered, based on the decision in State v. Payne, 114 Ohio St.3d 502, 2007-Ohio-4642, 873 N.E.2d 306. See entry. Moyer, C.J., and Lundberg Stratton, O’Connor, O’Donnell, […]

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