IN RE A.R., 121 Ohio St.3d 1472 (2009)

2009-Ohio-2045 In re A.R. No. 2009-0189.Supreme Court of Ohio. May 6, 2009. Licking App. No. 08-CA-17, 2008-Ohio-6581. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted. Briefing shall proceed on Proposition of Law No. I, and oral argument on Proposition of Law No. I shall be held on the same day as 2008-1624, In re Smith, Allen […]

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HOLCOMB v. BRADSHAW, 121 Ohio St.3d 1470 (2009)

2009-Ohio-2045 Holcomb v. Bradshaw. No. 2009-0551.Supreme Court of Ohio. May 6, 2009. In Habeas Corpus. MERIT DECISIONS WITHOUT OPINIONS. On petition for writ of habeas corpus of Daniel Holcomb. Sua sponte, cause dismissed. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, and CUPP, JJ., concur. LANZINGER, J., dissents and would order a return on the […]

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STATE v. WALTHER, 121 Ohio St.3d 1474 (2009)

2009-Ohio-2045 State v. Walther. No. 2009-0107.Supreme Court of Ohio. May 6, 2009. Greene App. No. 2007 CA 103, 2008-Ohio-6049. APPEALS NOT ACCEPTED FOR REVIEW. Discretionary appeal not accepted. Motion for leave to file judgment entry denied as moot.

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STATE v. PEPKA, 121 Ohio St.3d 1472 (2009)

2009-Ohio-2045 State v. Pepka. No. 2009-0678.Supreme Court of Ohio. May 6, 2009. Lake App. No. 2008-L-016, 2009-Ohio-1440. MOTION AND PROCEDURAL RULINGS. On motion for stay of court of appeals’ judgment. Motion denied. LUNDBERG STRATTON and CUPP, JJ., dissent.

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SIMEONE v. SCHWEBEL BAKING CO., 121 Ohio St.3d 1477 (2009)

2009-Ohio-2045 Simeone v. Schwebel Baking Co. No. 2008-2325.Supreme Court of Ohio. May 6, 2009. Cuyahoga App. No. 90668, 2008-Ohio-5254. RECONSIDERATION OF PRIOR DECISIONS. Reported at 121 Ohio St.3d 1410, 2009-Ohio-805, 902 N.E.2d 34. On motion for reconsideration. Motion denied.

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STATE v. MOORE, 121 Ohio St.3d 1471 (2009)

2009-Ohio-2045 State v. Moore. No. 2009-0520.Supreme Court of Ohio. May 6, 2009. Ottawa App. No. OT-08-009, 2008-Ohio-6398. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion denied. PFEIFER, J., dissents.

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STATE v. PATTERSON, 121 Ohio St.3d 1471 (2009)

2009-Ohio-2045 State v. Patterson. No. 2009-0545.Supreme Court of Ohio. May 6, 2009. Muskingum App. No. CT2008-0054, 2009-Ohio-273. MOTION AND PROCEDURAL RULINGS. On review of order certifying a conflict. The court determines that a conflict exists. Sua sponte, cause held for the decision in 2008-2127 and 2008-2249, State v. Rohrbaugh, Logan App. No. 8-07-28, 178 Ohio […]

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IN RE R.W., 121 Ohio St.3d 1472 (2009)

2009-Ohio-2045 In re R.W. No. 2009-0631.Supreme Court of Ohio. May 6, 2009. Cuyahoga App. No. 91923, 2009-Ohio-1255. MOTION AND PROCEDURAL RULINGS. On motion for immediate stay of court of appeals’ judgment. Motion denied.

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STATE v. JOHNSON, 121 Ohio St.3d 1471 (2009)

2009-Ohio-2045 State v. Johnson. No. 2009-0515.Supreme Court of Ohio. May 6, 2009. Lucas App. No. L-08-1022, 2009-Ohio-271. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion granted. O’CONNOR and LANZINGER, JJ., dissent.

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IN RE RHYM, 121 Ohio St.3d 1474 (2009)

2009-Ohio-2045 In re Rhym. No. 2009-0191.Supreme Court of Ohio. May 6, 2009. Marion App. No. 9-08-62. APPEALS NOT ACCEPTED FOR REVIEW. MOYER, C.J., and LUNDBERG STRATTON and O’CONNOR, JJ., dissent and would accept the appeal and hold the cause for the decision in 2008-1562, In re Poling, Hardin App. No. 6-08-09.

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CHARDON v. BULMAN, 121 Ohio St.3d 1476 (2009)

2009-Ohio-2045 Chardon v. Bulman. No. 2009-0260.Supreme Court of Ohio. May 6, 2009. Geauga App. No. 2007-G-2811, 2008-Ohio-6769. APPEALS NOT ACCEPTED FOR REVIEW. LUNDBEBG STRATTON, J., dissents and would accept the appeal on Proposition of Law No. II.

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STATE v. HALL, 121 Ohio St.3d 1477 (2009)

2009-Ohio-2045 State v. Hall. No. 2009-0381.Supreme Court of Ohio. May 6, 2009. Putnam App. No. 12-08-09. APPEALS NOT ACCEPTED FOR REVIEW. Discretionary appeal not accepted. Motions to consolidate and to decide denied as moot. CUPP, J., not participating.

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OHIO CON. CONSTR. ASSN. v. DEPT. OF TRANSP., 121 Ohio St.3d 1470 (2009)

2009-Ohio-2045 State ex rel. Ohio Concrete Constr. Assn. v. Ohio Dept. of Transp. No. 2009-0267.Supreme Court of Ohio. May 6, 2009. In Mandamus. MOTION AND PROCEDURAL RULINGS. On relator’s amended complaint and respondent’s answer and motion to refer case to mediation and for stay pending outcome. Motion to refer case to mediation and for stay […]

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STATE v. PAINSON, 121 Ohio St.3d 1471 (2009)

2009-Ohio-2045 State v. Painson. No. 2009-0502.Supreme Court of Ohio. May 6, 2009. Summit App. No. 24164, 2008-Ohio-6623. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion denied. PFEIFER and LUNDBERG STRATTON, JJ., dissent.

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IN RE A.R., 121 Ohio St.3d 1473 (2009)

2009-Ohio-2045 In re A.R. No. 2009-0223.Supreme Court of Ohio. May 6, 2009. Warren App. No. CA2008-03-036, 2008-Ohio-6566. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted on Proposition of Law No. I; cause held for the decision in 2008-1624, In re Smith, Allen App. No. 1-07-58, 2008-Ohio-3234; and briefing schedule stayed. LUNDBERG STRATTON, J., would also accept […]

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PRESLEY v. FRALEY, 121 Ohio St.3d 1472 (2009)

2009-Ohio-2045 Presley v. Fraley. No. 2009-0608.Supreme Court of Ohio. May 6, 2009. Franklin App. No. 08AP-767, 2009-Ohio-1558. MOTION AND PROCEDURAL RULINGS. On motion for stay of court of appeals’ judgment pending appeal. Motion granted. PFEIFER and O’DONNELL, JJ., dissent

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STATE v. PERKINS, 121 Ohio St.3d 1477 (2009)

2009-Ohio-2045 State v. Perkins. No. 2008-2219.Supreme Court of Ohio. May 6, 2009. Franklin App. No. 07AP-924, 2008-Ohio-5060. RECONSIDERATION OF PRIOR DECISIONS. Reported at 121 Ohio St.3d 1409, 2009-Ohio-805, 902 N.E.2d 33. On motion for reconsideration. Motion denied. MOYER, C.J., dissents.

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STATE v. MAJOR, 121 Ohio St.3d 1474 (2009)

2009-Ohio-2045 State v. Major. No. 2009-0120.Supreme Court of Ohio. May 6, 2009. Erie App. No. E-08-030, 2008-Ohio-6534. APPEALS NOT ACCEPTED FOR REVIEW. O’DONNELL, J., dissents and would accept the appeal on Proposition of Law No. I. CUPP, J., not participating.

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KNOWLES v. VOORHIES, 121 Ohio St.3d 1477 (2009)

2009-Ohio-2045 Knowles v. Voorhies. No. 2008-2261.Supreme Court of Ohio. May 6, 2009. Noble App. No. 08-NO-352, 2008-Ohio-5396. RECONSIDERATION OF PRIOR DECISIONS. Reported at 121 Ohio St.3d 271, 2009-Ohio-1109, 903 N.E.2d 637. On motion for reconsideration. Motion denied.

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QUINN v. HUDSON, 121 Ohio St.3d 1470 (2009)

2009-Ohio-2045 Quinn v. Hudson. No. 2009-0524.Supreme Court of Ohio. May 6, 2009. In Habeas Corpus. MERIT DECISIONS WITHOUT OPINIONS. On petition for writ of habeas corpus of James E. Quinn. Sua sponte, cause dismissed. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur.

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JOHNSON v. WARD, 121 Ohio St.3d 1470 (2009)

2009-Ohio-2045 [State ex rel.] Johnson v. Ward. No. 2009-0444.Supreme Court of Ohio. May 6, 2009. In Mandamus. MERIT DECISIONS WITHOUT OPINIONS. On amended motion to dismiss relator’s original and first amended complaint. 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. BRISCOE, 121 Ohio St.3d 1472 (2009)

2009-Ohio-2045 State v. Briscoe. No. 2009-0089.Supreme Court of Ohio. May 6, 2009. Cuyahoga App. No. 89979, 2008-Ohio-6276. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted on Proposition of Law No. I; cause held for the decision in 2008-1725, State v. Lester, Hamilton App. No. C-070383, 2008-Ohio-3570. PFEIFER and O’DONNELL, JJ., dissent.

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STATE v. KEENE, 121 Ohio St.3d 1470 (2009)

2009-Ohio-2045 State v. Keene. No. 1996-2455.Supreme Court of Ohio. May 6, 2009. Montgomery App. No. 14375. MOTION AND PROCEDURAL RULINGS. On motion to set execution date. Motion granted. It is ordered that appellant’s sentence be carried into execution by the Warden of the Southern Ohio Correctional Facility or, in his absence, by the Deputy Warden […]

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PA GEN. INS. CO. v. PARK-OHIO IND., 121 Ohio St.3d 1472 (2009)

2009-Ohio-2045 Pennsylvania Gen. Ins. Co. v. Park-Ohio Industries, Inc. No. 2009-0104.Supreme Court of Ohio. May 6, 2009. Cuyahoga App. No. 90619, 179 Ohio App.3d 385, 2008-Ohio-5991. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted on Proposition of Law No. I. MOVER, C.J., and LUNDBERG STRATTON and O’CONNOR, JJ., would also accept the appeal on Proposition of […]

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BROWN v. COURT OF APPEALS, 121 Ohio St.3d 1470 (2009)

2009-Ohio-2045 State ex rel. Brown v. Court of Appeals, First Appellate Dist. No. 2009-0410.Supreme Court of Ohio. May 6, 2009. In Mandamus and Procedendo. 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. GARLTIC, 121 Ohio St.3d 1470 (2009)

2009-Ohio-2045 State v. Garltic. No. 2008-2150.Supreme Court of Ohio. May 6, 2009. Cuyahoga App. No. 90128, 2008-Ohio-4575. MOTION AND PROCEDURAL RULINGS. On amended motion to dismiss appeal. Motion denied. PFEIFER and LANZINGER, JJ., dissent

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STATE v. SCHANDEL, 121 Ohio St.3d 1474 (2009)

2009-Ohio-2045 State v. Schandel. No. 2009-0137.Supreme Court of Ohio. May 6, 2009. Carroll App. No. 07-CA-848, 2008-Ohio-6359. APPEALS NOT ACCEPTED FOR REVIEW. O’DONNELL, J., dissents and would accept the appeal on Proposition of Law No. I.

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OHIO CON. CONSTR. v. DEPT. OF TRANSP., 121 Ohio St.3d 1471 (2009)

2009-Ohio-2045 State ex rel. Ohio Concrete Constr. Assn. v. Ohio Dept of Transp. No. 2009-0280.Supreme Court of Ohio. May 6, 2009. In Mandamus. MOTION AND PROCEDURAL RULINGS. On relator’s complaint and respondent’s answer and motion to refer case to mediation and for stay pending outcome. Motion to refer case to mediation and for stay denied. […]

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STATE v. PATTERSON, 121 Ohio St.3d 1473 (2009)

2009-Ohio-2045 State v. Patterson. No. 2009-0455.Supreme Court of Ohio. May 6, 2009. Muskingum App. No. CT2008-0054, 2009-Ohio-273. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted; cause held for the decision in 2008-2127 and 2008-2249, State v. Rohrbaugh, Logan App. No. 8-07-28, 178 Ohio App.3d 211, 2008-Ohio-4781; cause consolidated with 2009-0545, State v. Patterson, Muskingum App. No. […]

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WIMMER FAMILY TRUST v. FIRSTENERGY, 121 Ohio St.3d 1473 (2009)

2009-Ohio-2045 Wimmer Family Trust v. FirstEnergy. No. 2009-0249.Supreme Court of Ohio. May 6, 2009. Lorain App. No. 08CA009392, 2008-Ohio-6870. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted; cause held for the decision in 2008-0708, Corrigan v. Illuminating Co., Cuyahoga App. No. 89402, 175 Ohio App.3d 360, 2008-Ohio-684; and briefing schedule stayed. LANZINGER, J., would accept the […]

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STATE v. IMBURGIA, 121 Ohio St.3d 1472 (2009)

2009-Ohio-2045 State v. Imburgia. No. 2009-0572.Supreme Court of Ohio. May 6, 2009. Cuyahoga App. No. 92527. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion denied. PFEIPEH and LANZINGER, JJ., dissent.

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STATE v. KELLEY, 121 Ohio St.3d 1473 (2009)

2009-Ohio-2045 State v. Kelley. No. 2009-0070.Supreme Court of Ohio. May 6, 2009. Jefferson App. No. 08 JE 4, 179 Ohio App.3d 666, 2008-Ohio-6598. APPEALS NOT ACCEPTED FOR REVIEW. Discretionary appeal not accepted. Motion to listen to audio tape and for transcripts to be documented denied as moot.

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STATE v. WRIGHT, 121 Ohio St.3d 1471 (2009)

2009-Ohio-2045 State v. Wright. No. 2009-0485.Supreme Court of Ohio. May 6, 2009. Warren App. No. CA2008-03-039, 2008-Ohio-6765. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion denied. PFEIFEE, LUNDBERG STRATTON, and CUPP, JJ., dissent.

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STATE v. JACKSON, 121 Ohio St.3d 1470 (2009)

2009-Ohio-2045 State v. Jackson. No. 2008-1499.Supreme Court of Ohio. May 6, 2009. Stark App. No. 2007CA00274, 2008-Ohio-2944. MOTION AND PROCEDURAL RULINGS. On motion for admission pro hac vice of David M. Lieberman by Benjamin C. Mizer. Motion granted.

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N. OLMSTED v. INT. ASSN. OF FIREFIGHTERS, 121 Ohio St.3d 1472 (2009)

2009-Ohio-2045 N. Olmsted v. Internatl. Assn. of Firefighters, Local 1267. No. 2009-0594.Supreme Court of Ohio. May 6, 2009. Cuyahoga App. Nos. 91300, 91301, and 91724, 2009-Ohio-960. MOTION AND PROCEDURAL RULINGS. On motion for stay of court of appeals’ judgment. Motion granted. PFEIFER, O’CONNOR, and O’DONNELL, JJ., dissent.

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STATE v. WILSON, 121 Ohio St.3d 1472 (2009)

2009-Ohio-2045 State v. Wilson. No. 2009-0563.Supreme Court of Ohio. May 6, 2009. Montgomery App. No. 22581, 2009-Ohio-525. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion granted. O’CONNOR and LANZINGER, JJ., dissent.

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