STATE v. MARTINEZ, 122 Ohio St.3d 1408 (2009)

2009-Ohio-2751 State v. Martinez. No. 2009-0822.Supreme Court of Ohio. June 17, 2009. Summit App. No. 24037, 2008-Ohio-4845. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion denied. CUPP, J., dissents.

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MARTIN v. WOODS, 122 Ohio St.3d 1413 (2009)

2009-Ohio-2751 Martin v. Woods. No. 2009-0226.Supreme Court of Ohio. June 17, 2009. Marion App. No. 9-08-56. Reported at 121 Ohio St.3d 609, 2009-Ohio-1928, 906 N.E.2d 1113. RECONSIDERATION OF PRIOR DECISIONS. On motion for reconsideration. Motion denied.

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STATE v. SIMS, 122 Ohio St.3d 1408 (2009)

2009-Ohio-2751 State v. Sims. No. 2009-0817.Supreme Court of Ohio. June 17, 2009. Butler App. No. CA2007-11-300, 2009-Ohio-550. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion denied. PFEIFER and Lundberg Stratton, JJ., dissent.

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HICKORY GROVE INVESTORS v. JACKSON, 122 Ohio St.3d 1409 (2009)

2009-Ohio-2751 Hickory Grove Investors, Ltd. v. Jackson. No. 2009-0152.Supreme Court of Ohio. June 17, 2009. Franklin App. No. 08AP-514, 180 Ohio App.3d 60, 2008-Ohio-6428. APPEALS NOT ACCEPTED FOR REVIEW. CUPP, J., dissents and would accept the appeal on Proposition of Law Nos. II and III and reverse the judgment of the court of appeals on […]

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COLLINS v. OHIO STATE UNIV., 122 Ohio St.3d 1407 (2009)

2009-Ohio-2751 Collins v. Ohio State Univ. No. 2009-0628.Supreme Court of Ohio. June 17, 2009. 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. NORRIS, 122 Ohio St.3d 1409 (2009)

2009-Ohio-2751 State v. Norris. No. 2009-0442.Supreme Court of Ohio. June 17, 2009. Cuyahoga App. No. 91000, 2009-Ohio-34. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted; cause held for the decision in 2007-1812, State v. Harris, Hamilton App. No. C-060587, 2007-Ohio-857; and briefing schedule stayed. PFEIFER and O’Connor, JJ., dissent.

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STATE v. SMITH, 122 Ohio St.3d 1408 (2009)

2009-Ohio-2751 State v. Smith. No. 1998-0552.Supreme Court of Ohio. June 17, 2009. Lucas App. No. L-94-093. 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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ESTATE OF WILLIAMS v. DEUTSCHE BANK, 122 Ohio St.3d 1408 (2009)

2009-Ohio-2751 Estate of Williams v. Deutsche Bank Trust Co. Am. No. 2008-2136.Supreme Court of Ohio. June 17, 2009. Cuyahoga App. No. 90967, 2008-Ohio-3981. MOTION AND PROCEDURAL RULINGS. On motion for leave to file judicial review in United States District Court or, in the alternative, motion to vacate or set aside judgment. Motion denied. O’DONNELL, J., […]

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CONSUMERS’ COUNSEL v. SCHRIBER, 122 Ohio St.3d 1407 (2009)

2009-Ohio-2751 State ex rel. Consumers’ Counsel v. Schriber. No. 2009-0710.Supreme Court of Ohio. June 17, 2009. In Prohibition. MERIT DECISIONS WITHOUT OPINIONS. On motions to dismiss of Columbus Southern Power Company, Ohio Power Company, and commissioners of the Public Utilities Commission. The complaint does not state a claim justiciable in prohibition. The issues raised by […]

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MARTIN v. McKNIGHT, 122 Ohio St.3d 1413 (2009)

2009-Ohio-2751 Martin v. McKnight. No. 2009-0073.Supreme Court of Ohio. June 17, 2009. Franklin App. No. 08AP-633, 2008-Ohio-6914. Reported at 121 Ohio St.3d 1451, 2009-Ohio-1820, 904 N.E.2d 901. RECONSIDERATION OF PRIOR DECISIONS. On motion for reconsideration. Motion denied.

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STATE v. NELSON, 122 Ohio St.3d 1413 (2009)

2009-Ohio-2751 State v. Nelson. No. 2009-0020.Supreme Court of Ohio. June 17, 2009. Cuyahoga App. No. 90827, 2008-Ohio-5735. Reported at 121 Ohio St.3d 1450, 2009-Ohio-1820, 904 N.E.2d 900. RECONSIDERATION OF PRIOR DECISIONS. On motion for reconsideration. Motion denied.

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STATE v. REYNOLDS, 122 Ohio St.3d 1407 (2009)

2009-Ohio-2751 State v. Reynolds. No. 1996-1956.Supreme Court of Ohio. June 17, 2009. Summit App. No. 16845. MOTION AND PROCEDURAL RULINGS. On motion to set new 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 […]

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STATE v. CURTIS, 122 Ohio St.3d 1410 (2009)

2009-Ohio-2751 State v. Curtis. No. 2009-0447.Supreme Court of Ohio. June 17, 2009. Butler App. No. CA2008-01-008, 2009-Ohio-192. APPEALS NOT ACCEPTED FOR REVIEW. MOYER, C.J., dissents and would accept the appeal on Proposition of Law No. I.

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STATE v. SELLERS, 122 Ohio St.3d 1409 (2009)

2009-Ohio-2751 State v. Sellers. No. 2009-0547.Supreme Court of Ohio. June 17, 2009. Cuyahoga App. No. 91043, 2009-Ohio-485. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted; cause held for the decision in 2007-1812, State v. Harris, Hamilton App. No. C-060587, 2007-Ohio-857; and briefing schedule stayed. PFEIFER, J., dissents.

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BUNTING v. CANTON MUN. COURT, 122 Ohio St.3d 1407 (2009)

2009-Ohio-2751 Bunting v. Canton Mun. Court. No. 2009-0638.Supreme Court of Ohio. June 17, 2009. 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. ROBERSON, 122 Ohio St.3d 1410 (2009)

2009-Ohio-2751 State v. Roberson. No. 2009-0439.Supreme Court of Ohio. June 17, 2009. Stark App. No. 2008CA00275. APPEALS NOT ACCEPTED FOR REVIEW. Discretionary appeal not accepted. Motion to strike notice of appeal and to dismiss denied as moot.

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STATE v. BATES, 122 Ohio St.3d 1410 (2009)

2009-Ohio-2751 State v. Bates. No. 2009-0450.Supreme Court of Ohio. June 17, 2009. Guernsey App. No. 08 CA 15, 2009-Ohio-275. APPEALS NOT ACCEPTED FOR REVIEW. MOYER, C.J., dissents and would accept the appeal on Proposition of Law No. II.

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KLAYMAN v. LUCK, 122 Ohio St.3d 1413 (2009)

2009-Ohio-2751 Klayman v. Luck. No. 2009-0062.Supreme Court of Ohio. June 17, 2009. Cuyahoga App. No. 91298, 2008-Ohio-5876. Reported at 121 Ohio St.3d 1451, 2009-Ohio-1820, 904 N.E.2d 901. RECONSIDERATION OF PRIOR DECISIONS. On motion for reconsideration. Motion denied. LUNDBERG STRATTON, J., dissents.

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HARDIN v. AEY, 122 Ohio St.3d 1408 (2009)

2009-Ohio-2751 State ex rel. Hardin v. Aey. No. 2009-0038.Supreme Court of Ohio. June 17, 2009. In Mandamus. MOTION AND PROCEDURAL RULINGS. On relator’s merit brief and affidavits for damages and attorney fees filed pursuant to the court’s March 25, 2009 order. Relator is awarded statutory damages in the amount of $1,000, attorney fees in the […]

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STATE v. CRAFT, 122 Ohio St.3d 1412 (2009)

2009-Ohio-2751 State v. Craft. No. 2009-0573.Supreme Court of Ohio. June 17, 2009. Butler App. No. CA2008-01-023, 2009-Ohio-675. APPEALS NOT ACCEPTED FOR REVIEW. Discretionary appeal not accepted. Motion for order to transmit certified court of appeals decision and opinion denied as moot.

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STATE v. NICKELSON, 122 Ohio St.3d 1411 (2009)

2009-Ohio-2751 State v. Nickelson. No. 2009-0479.Supreme Court of Ohio. June 17, 2009. Wood App. No. WD-09-002. APPEALS NOT ACCEPTED FOR REVIEW. Discretionary appeal not accepted. Motion for stay of jurisdictional consideration denied as moot.

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STATE v. BROWN, 122 Ohio St.3d 1408 (2009)

2009-Ohio-2751 State v. Brown. No. 2001-0524.Supreme Court of Ohio. June 17, 2009. Mahoning App. No. 96 CA 56. 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 […]

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STATE v. ANDERSON, 122 Ohio St.3d 1408 (2009)

2009-Ohio-2751 State v. Anderson. No. 2009-0761.Supreme Court of Ohio. June 17, 2009. Summit App. No. 24357. 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. GILBERT, 122 Ohio St.3d 1408 (2009)

2009-Ohio-2751 State v. Gilbert. No. 2009-0788.Supreme Court of Ohio. June 17, 2009. Cuyahoga App. No. 90856, 2009-Ohio-607. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion granted. O’DONNELL, J., dissents.

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HUDSON PRESBY. CHURCH v. EASTMINSTER PRESBYTERY, 122 Ohio St.3d 1412 (2009)

2009-Ohio-2751 Hudson Presbyterian Church v. Eastminster Presbytery. No. 2009-0550.Supreme Court of Ohio. June 17, 2009. Summit App. No. 24279, 2009-Ohio-446. APPEALS NOT ACCEPTED FOR REVIEW. Discretionary appeal not accepted. LUNDBERG STRATTON, J., dissents. O’DONNELL, J., dissents and would accept the appeal on Proposition of Law No. IV. Motion for admission pro hac vice of Douglas […]

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SHEET METAL WORKERS’ v. GENE’S REFRIGERATION, 2008-0780 (6-17-2009)

2009-Ohio-2751 Sheet Metal Workers’ Internatl. Assn., Local Union No. 33 v. Gene’s Refrigeration, Heating Air Conditioning, Inc., Slip Opinion No. 2009-Ohio-2747. No. 2008-0780.Supreme Court of Ohio. June 17, 2009. MERIT DECISIONS WITH OPINONS Medina App. No. 06CA0104-M, 2008-Ohio-1005. Judgment of the court of appeals reversed, and judgment of the trial court reinstated. Moyer, C.J., and […]

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MYRICK v. CINCINNATI, 122 Ohio St.3d 1410 (2009)

2009-Ohio-2751 Myrick v. Cincinnati. No. 2009-0456.Supreme Court of Ohio. June 17, 2009. Hamilton App. No. C-080119, 2008-Ohio-6830. APPEALS NOT ACCEPTED FOR REVIEW. Discretionary appeal not accepted. Motion to dismiss denied as moot. O’DONNELL, J., dissents.

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STATE v. BROWN, 122 Ohio St.3d 1409 (2009)

2009-Ohio-2751 State v. Brown. No. 2009-0451.Supreme Court of Ohio. June 17, 2009. Cuyahoga App. No. 90798, 2009-Ohio-127. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted; cause held for the decision in 2008-2502, State v. Bodyke, Huron App. Nos. H-07-040, H-07-041, and H-07-042, 2008-Ohio-6387; and briefing schedule stayed. MOYER, C.J., would order briefing on Proposition of Law […]

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STATE v. AYERS, 122 Ohio St.3d 1411 (2009)

2009-Ohio-2751 State v. Ayers. No. 2009-0473.Supreme Court of Ohio. June 17, 2009. Erie App. No. E-07-072, 2009-Ohio-393. APPEALS NOT ACCEPTED FOR REVIEW. MOYER, C.J., and Lundberg Stratton and O’Donnell, JJ., dissent and would accept the appeal and hold the cause for the decision in 2008-1255, State v. Singleton, Cuyahoga App. No. 90042, 2008-Ohio-2351.

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CLEVELAND v. WASHINGTON MUT. BANK, 122 Ohio St.3d 1409 (2009)

2009-Ohio-2751 Cleveland v. Washington Mut. Bank. No. 2009-0441.Supreme Court of Ohio. June 17, 2009. Cuyahoga App. No. 91379, 179 Ohio App.3d 692, 2008-Ohio-6956. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted on Proposition of Law Nos. II and III. Cause to be argued the same day as 2008-2230, Cleveland v. Destiny Ventures, L.L.C., Cuyahoga App. No. […]

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STATE v. ALESHIRE, 122 Ohio St.3d 1413 (2009)

2009-Ohio-2751 State v. Aleshire. No. 2008-2389.Supreme Court of Ohio. June 17, 2009. Licking App. No. 2007-CA-1, 2008-Ohio-5688. RECONSIDERATION OF PRIOR DECISIONS. Reported at 121 Ohio St.3d 1450, 2009-Ohio-1820, 904 N.E.2d 900. On motion for reconsideration. Motion denied.

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STATE v. DUNLAP, 122 Ohio St.3d 1409 (2009)

2009-Ohio-2751 State v. Dunlap. No. 2009-0477.Supreme Court of Ohio. June 17, 2009. Cuyahoga App. No. 91165, 2009-Ohio-134. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted. Briefing shall proceed on Proposition of Law No. I in accordance with the Rules of Practice of the Supreme Court of Ohio. The cause is held on Proposition of Law Nos. […]

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STATE v. LEE, 122 Ohio St.3d 1408 (2009)

2009-Ohio-2751 State v. Lee. No. 2009-0402.Supreme Court of Ohio. June 17, 2009. Van Wert App. No. 15-08-06, 2009-Ohio-299. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted; cause held for the Page 1409 decision in 2008-1725, State v. Lester, Hamilton App. No. C-070383, 2008-Ohio-3570; and briefing schedule stayed. PFEIFER and O’DONNELL, JJ., dissent.

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ROHR v. INDUS. COMM., 122 Ohio St.3d 1407 (2009)

2009-Ohio-2751 State ex rel. Rohr v. Indus. Comm. No. 2009-0659.Supreme Court of Ohio. June 17, 2009. In Prohibition. MERIT DECISIONS WITHOUT OPINIONS. On motion to dismiss of respondent Gerstenslager Company and answer and motion for judgment on the pleadings of respondent Industrial Commission. Motion for judgment on the pleadings granted. Cause dismissed. Motion to dismiss […]

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STATE v. MANGUS, 122 Ohio St.3d 1413 (2009)

2009-Ohio-2751 State v. Mangus. No. 2009-0043.Supreme Court of Ohio. June 17, 2009. Columbiana App. No. 07 CO 36, 2008-Ohio-6210. Reported at 121 Ohio St.3d 1450, 2009-Ohio-1820, 904 N.E.2d 900. RECONSIDERATION OF PRIOR DECISIONS. On motion for reconsideration. Motion denied. PFEIFER, J., dissents.

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STATE v. PRADE, 122 Ohio St.3d 1409 (2009)

2009-Ohio-2751 State v. Prade. No. 2009-0605.Supreme Court of Ohio. June 17, 2009. Summit App. No. 24296, 2009-Ohio-704. APPEALS ACCEPTED FOR REVIEW. LUNDBERG STRATTON and O’DONNELL, JJ., dissent. O’CONNOR, J., not participating.

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STATE v. CLINKSCALE, 2008-1012 (6-17-2009)

2009-Ohio-2751 State v. Clinkscale, Slip Opinion No. 2009-Ohio-2746. No. 2008-1012.Supreme Court of Ohio. June 17, 2009. MERIT DECISIONS WITH OPINONS Franklin App. No. 06AP-1109, 177 Ohio App.3d 294, 2008-Ohio-1677. Judgment reversed and cause remanded. Moyer, C.J., and Pfeifer, O’Connor, and Lanzinger, JJ., concur. Lundberg Stratton, O’Donnell, and Cupp, JJ., dissent.

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STATE v. ECTOR, 122 Ohio St.3d 1410 (2009)

2009-Ohio-2751 State v. Ector. No. 2009-0470.Supreme Court of Ohio. June 17, 2009. Lucas App. No. L-07-1169, 2009-Ohio-515. APPEALS NOT ACCEPTED FOR REVIEW. LANZINGER, J., dissents and would accept the appeal on Proposition of Law No. I. Page 1411

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ZUNSHINE v. COTT, 122 Ohio St.3d 1411 (2009)

2009-Ohio-2751 Zunshine v. Cott. No. 2009-0531.Supreme Court of Ohio. June 17, 2009. Franklin App. No. 08AP-347, 2009-Ohio-439. APPEALS NOT ACCEPTED FOR REVIEW. Discretionary appeal not accepted. Motion for leave to exceed page limit denied as moot. O’DONNELL, J., dissents. Page 1412

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