IN RE GULLEY, 116 Ohio St.3d 1481 (2007)

2008-Ohio-153 In re Gulley. No. 2007-1375.Supreme Court of Ohio. January 23, 2008. Hamilton App. No. C-060375. Reported at 116 Ohio St.3d 1411, 2007-Ohio-6140, 876 N.E.2d 969. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied.

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THOMPSON v. BEIGHTLER, 116 Ohio St.3d 1471 (2007)

2008-Ohio-153 Thompson v. Beightler. No. 2007-2293.Supreme Court of Ohio. January 23, 2008. In Habeas Corpus. MERIT DECISIONS WITHOUT OPINIONS On petition for writ of habeas corpus of Demitrus L. Thompson Sr. 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. BAILEY, 116 Ohio St.3d 1472 (2007)

2008-Ohio-153 State v. Bailey. No. 2007-2175.Supreme Court of Ohio. January 23, 2008. Jefferson App. No. 06 JE 22, 2007-Ohio-4995. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. MOYER, C.J., and PFEIFER and O’DONNELL, JJ., dissent.

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WALBURN v. DUNLAP, 116 Ohio St.3d 1473 (2007)

2008-Ohio-153 Walburn v. Dunlap. No. 2007-2302.Supreme Court of Ohio. January 23, 2008. Vinton App. No. 06CA655, 2007-Ohio-5398. 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 filed December 3, […]

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STATE v. NUCKLOS, 116 Ohio St.3d 1471 (2007)

2008-Ohio-153 State v. Nucklos. No. 2007-0754.Supreme Court of Ohio. January 23, 2008. Clark App. No. 06CA0023, 171 Ohio App.3d 38, 2007-Ohio-1025. MOTION AND PROCEDURAL RULINGS On motion to dismiss appeal as improvidently accepted. Motion denied.

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STATE v. BRADLEY, 116 Ohio St.3d 1473 (2007)

2008-Ohio-153 State v. Bradley. No. 2007-2286.Supreme Court of Ohio. January 23, 2008. Stark App. No. 2007CA00237. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. MOYER, C.J., and PFEIFER, J., dissent. On motion for bail after conviction of felony. Motion denied.

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IN RE BURT, 116 Ohio St.3d 1473 (2007)

2008-Ohio-153 In re Burt. No. 2007-1751.Supreme Court of Ohio. January 23, 2008. Stark App. No. 2006-CA-00328, 2007-Ohio-4034. APPEALS ACCEPTED FOR REVIEW PFEIFER, O’DONNELL, and CUPP, JJ., dissent. Page 1474

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WHITE v. BILLINGS, 116 Ohio St.3d 1474 (2007)

2008-Ohio-153 State ex rel. White v. Billings. No. 2007-1839.Supreme Court of Ohio. January 23, 2008. Clermont App. No. CA2006-09-072, 2007-Ohio-4356. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted; cause held for the decision in 2006-2187, Hyle v. Porter, Hamilton App. No. C-050768, 2006-Ohio-5454; and briefing schedule stayed. O’CONNOR and CUPP, JJ., dissent.

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IN RE D.S., 116 Ohio St.3d 1476 (2007)

2008-Ohio-153 In re D.S. No. 2007-1791.Supreme Court of Ohio. January 23, 2008. Cuyahoga App. No. 88709, 2007-Ohio-3911. APPEALS NOT ACCEPTED FOR REVIEW LUNDBERG STRATTON and O’DONNELL, JJ., dissent. Page 1477

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WALKER v. THOMAS, 116 Ohio St.3d 1471 (2007)

2008-Ohio-153 Walker v. Thomas. No. 2007-2247.Supreme Court of Ohio. January 23, 2008. In Habeas Corpus. MERIT DECISIONS WITHOUT OPINIONS On petition for writ of habeas corpus of Thaddeus Walker. Sua sponte, cause dismissed. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur.

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HARVEY v. AUSTINBURG DEV., 116 Ohio St.3d 1481 (2007)

2008-Ohio-153 Harvey v. Austinburg Dev. Corp. No. 2007-1435.Supreme Court of Ohio. January 23, 2008. Ashtabula App. No. 2006-A-0044, 2007-Ohio-3025. Reported at 116 Ohio St.3d 1412, 2007-Ohio-6140, 876 N.E.2d 969. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied.

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SOGG v. OHIO DEPT. OF COMMERCE, 116 Ohio St.3d 1471 (2007)

2008-Ohio-153 Sogg v. Ohio Dept. of Commerce. No. 2007-1452.Supreme Court of Ohio. January 23, 2008. Franklin App. No. 06AP-883, 2007-Ohio-3219. MOTION AND PROCEDURAL RULINGS On motion for admission pro hac vice of John R. Wylie and Arthur T. Susman by William C. Wilkinson and Craig A. Calcaterra. Motion granted.

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STATE v. HARRIS, 116 Ohio St.3d 1481 (2007)

2008-Ohio-153 State v. Harris. No. 2007-2157.Supreme Court of Ohio. January 23, 2008. Hamilton App. Nos. C-060399, C060400, and C-060401, 2007-Ohio-3308. APPEALS NOT ACCEPTED FOR REVIEW MOYBR, C.J., and LANZINGER, J., dissent and would accept the appeal and hold the cause for the decision in 2007-0325 State v. Davis, Hamilton App. No. C-040665, 2006-Ohio-3171.

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STATE v. HERBERT, 116 Ohio St.3d 1479 (2007)

2008-Ohio-153 State v. Herbert. No. 2007-1936.Supreme Court of Ohio. January 23, 2008. Wyandot App. No. 16-06-12, 2007-Ohio-4496. APPEALS NOT ACCEPTED FOR REVIEW Discretionary appeal not accepted. Motion to hold propositions of law in abeyance denied as moot.

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COLES v. GRANVILLE, 116 Ohio St.3d 1481 (2007)

2008-Ohio-153 State ex rel. Coles v. Granville. No. 2006-1259.Supreme Court of Ohio. January 23, 2008. In Mandamus. RECONSIDERATION OF PRIOR DECISIONS Reported at 116 Ohio St.3d 231, 2007-Ohio-6057, 877 N.E.2d 968. On motion for reconsideration. Motion denied. O’DONNELL, J., not participating.

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STATE v. ARMSTRONG, 116 Ohio St.3d 1473 (2007)

2008-Ohio-153 State v. Armstrong. No. 2007-2279.Supreme Court of Ohio. January 23, 2008. Montgomery App. No. 21831, 2007-Ohio-5648. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion granted. O’CONNOR, LANZINGER, and CUPP, JJ., dissent. On motion for stay of execution of sentence. Motion denied.

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TURNER v. EBERLIN, 116 Ohio St.3d 1471 (2007)

2008-Ohio-153 State ex rel. Turner v. Eberlin. No. 2007-2013.Supreme Court of Ohio. January 23, 2008. Belmont App. No. 07 BE 6, 2007-Ohio-5042. MOTION AND PROCEDURAL RULINGS On motion to certify and maintain action as a class action. Motion denied.

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DAMBOLENA v. OHIO BUR. OF WORKERS, 116 Ohio St.3d 1474 (2007)

2008-Ohio-153 Dambolena v. Ohio Bur. of Workers’ Comp. No. 2007-1887.Supreme Court of Ohio. January 23, 2008. Cuyahoga App. No. 88881, 2007-Ohio-4435. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted and cause held for the decision in 2006-1914, Groch v. Gen. Motors Corp. PFEIFER, LUNDBERG STRATTON, and O’DONNELL, JJ., dissent.

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IN RE B.F., 116 Ohio St.3d 1473 (2007)

2008-Ohio-153 In re B.F. No. 2007-2314.Supreme Court of Ohio. January 23, 2008. Warren App. Nos. CA2006-10-118 and CA2006-11-137. MOTION AND PROCEDURAL RULINGS On motion for stay of court of appeals’ judgment. Motion denied.

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STATE v. CUMMINGS, 116 Ohio St.3d 1480 (2007)

2008-Ohio-153 State v. Cummings. No. 2007-1959.Supreme Court of Ohio. January 23, 2008. Butler App. No. CA2006-09-224, 2007-Ohio-4970. APPEALS NOT ACCEPTED FOR REVIEW Discretionary appeal not accepted. Motion for stay of consideration of jurisdiction denied. O’DONNELL, J., dissents.

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SHEPARD v. ESCH, 116 Ohio St.3d 1475 (2007)

2008-Ohio-153 Shepard v. Esch. No. 2007-1660.Supreme Court of Ohio. January 23, 2008. Cuyahoga App. No. 88653, 2007-Ohio-3537. APPEALS NOT ACCEPTED FOR REVIEW O’DONNELL, J., dissents and would accept the appeal on Proposition of Law No. I.

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WERTZ v. WERTZ, 116 Ohio St.3d 1479 (2007)

2008-Ohio-153 Wertz v. Wertz. No. 2007-1942.Supreme Court of Ohio. January 23, 2008. Huron App. No. H-06-036, 2007-Ohio-4605. APPEALS NOT ACCEPTED FOR REVIEW PFEIFER, J., dissents. LANZINGER, J., dissents and would accept the appeal and hold the cause for the decision in 2007-0954 and 2007-1176 Burnett v. Motorists Mut. Ins. Co., Trumbull App. No. 2006-T-0085, 2007-Ohio-1639. […]

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STATE v. JONES, 116 Ohio St.3d 1481 (2007)

2008-Ohio-153 State v. Jones. Nos. 2006-1606 and 2006-1851.Supreme Court of Ohio. January 23, 2008. Mahoning App. No. 05-MA-69, 2006-Ohio-3636. Reported at 116 Ohio St.3d 211, 2007-Ohio-6093, 877 N.E.2d 677. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied. MOYER, C.J., dissents.

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STATE v. BOYCE, 116 Ohio St.3d 1478 (2007)

2008-Ohio-153 State v. Boyce. No. 2007-1860.Supreme Court of Ohio. January 23, 2008. Portage App. No. 2005-P-0021, 2007-Ohio-4379. APPEALS NOT ACCEPTED FOR REVIEW Discretionary appeal not accepted. Motion for appointment of Michael A. Partlow as counsel for appellant denied as moot. O’CONNOR, J., not participating.

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BANKHEAD v. COLLINS, 116 Ohio St.3d 1470 (2007)

2008-Ohio-153 State ex rel. Bankhead v. Collins. No. 2007-2146.Supreme Court of Ohio. January 23, 2008. In Mandamus. MERIT DECISIONS WITHOUT OPINIONS On answer of respondent. On S.Ct.Prac. R. X(5) determination, cause dismissed. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur.

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STATE v. EMBRY, 116 Ohio St.3d 1475 (2007)

2008-Ohio-153 State v. Embry. No. 2007-1627.Supreme Court of Ohio. January 23, 2008. Lucas App. No. L-06-1134, 2007-Ohio-3950. APPEALS NOT ACCEPTED FOR REVIEW CUPP, J., dissents and would accept the appeal on Proposition of Law No. II and hold the cause for the decision in 2007-0052 State v. Simpkins, Cuyahoga App. No. 87692, 2006-Ohio-6028.

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HARRIS v. MT. SINAI MED., 116 Ohio St.3d 1481 (2007)

2008-Ohio-153 Harris v. Mt. Sinai Med. Ctr. No. 2006-1247.Supreme Court of Ohio. January 23, 2008. Cuyahoga App. Nos. 85286, 85574, and 85605, 166 Ohio App.3d 647, 2006-Ohio-2206. Reported at 116 Ohio St.3d 139, 2007-Ohio-5587, 876 N.E.2d 1201. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration and motion for stay of issuance of mandate pending petition […]

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STATE v. McKITRICK, 116 Ohio St.3d 1477 (2007)

2008-Ohio-153 State v. McKitrick. No. 2007-1806.Supreme Court of Ohio. January 23, 2008. Hancock App. No. 5-06-46, 2007-Ohio-4233. APPEALS NOT ACCEPTED FOR REVIEW O’DONNELL, J., dissents and would accept the appeal and hold the cause for the decision in 2007-0595 and 2007-0651, State v. Cabraks, Hamilton App. No. C-050682, 2007-Ohio-857.

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HARRIS v. RUSSO, 116 Ohio St.3d 1470 (2007)

2008-Ohio-153 State ex rel. Harris v. Russo. No. 2007-2127.Supreme Court of Ohio. January 23, 2008. In Mandamus. MERIT DECISIONS WITHOUT OPINIONS 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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STATE v. MALONE, 116 Ohio St.3d 1472 (2007)

2008-Ohio-153 State v. Malone. No. 2007-2186.Supreme Court of Ohio. January 23, 2008. Marion App. No. 9-06-43, 2007-Ohio-5484. 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 1 of the court of appeals’ Journal Entry filed November […]

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HYTOWER v. BEIGHTLER, 116 Ohio St.3d 1470 (2007)

2008-Ohio-153 Hytower v. Beightler. No. 2007-2170.Supreme Court of Ohio. January 23, 2008. In Habeas Corpus. MERIT DECISIONS WITHOUT OPINIONS On petition for writ of habeas corpus of Eddie Hytower. Sua sponte, cause dismissed. Motion to compel discovery denied as moot. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur. Page 1471

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FIFE v. GREENE CTY. BD., 116 Ohio St.3d 1517 (2007)

2008-Ohio-153 Fife v. Greene Cty. Bd. of Revision. No. 2007-2213.Supreme Court of Ohio. January 23, 2008. Board of Tax Appeals, No. 2006-V-783. MEDIATION REFERRALS. The following case has been returned to the regular docket pursuant to S.Ct.Prac. R. XIV(6)(E):

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CHEAP ESCAPE CO. v. HADDOX, 116 Ohio St.3d 1474 (2007)

2008-Ohio-153 Cheap Escape Co., Inc. v. Haddox, LLC. No. 2007-1870.Supreme Court of Ohio. January 23, 2008. Franklin App. No. 06AP-1107, 2007-Ohio-4410. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law No. I. LUNDBERG STRATTON, O’DONNELL, and LANZINGER, JJ., would also accept the appeal on Proposition of Law No. II. PFEIFER and CUPP, JJ., […]

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AYAD v. RADIO ONE, 116 Ohio St.3d 1477 (2007)

2008-Ohio-153 Ayad v. Radio One, Inc. No. 2007-1816.Supreme Court of Ohio. January 23, 2008. Cuyahoga App. No. 88031, 2007-Ohio-2493. APPEALS NOT ACCEPTED FOR REVIEW Discretionary appeal not accepted. Motions to dismiss appeal and to strike motion to dismiss appeal denied as moot.

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