STATE v. SABATINA, 120 Ohio St.3d 1525 (2009)

2009-Ohio-614 State v. Sabatina. No. 2008-2038.Supreme Court of Ohio. February 18, 2009. Guernsey App. No. 08CA000011, 2008-Ohio-4852. APPEALS NOT ACCEPTED FOR REVIEW. MOYEB, C.J., and O’DONNELL, J., dissent and would accept the appeal on Proposition of Law No. I.

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MINSTER FARMERS v. DUES, 120 Ohio St.3d 1522 (2009)

2009-Ohio-614 Minster Farmers Coop. Exchange Co., Inc. v. Dues. No. 2006-1069.Supreme Court of Ohio. February 18, 2009. Shelby App. No. 17-05-28, 2006-Ohio-1887. MOTION AND PROCEDURAL RULINGS. On motion to calculate, settle, and close the open book account. Motion denied. CUPP, J., not participating.

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IN RE RICHARDSON, 120 Ohio St.3d 1528 (2009)

2009-Ohio-614 In re Guardianship of Richardson. No. 2007-1546.Supreme Court of Ohio. February 18, 2009. Montgomery App. No. 22000, 172 Ohio App.3d 410, 2007-Ohio-3462, 875 N.E.2d 129. RECONSIDERATION OF PRIOR DECISIONS. Reported at 120 Ohio St.3d 438, 2008-Ohio-6696, 900 N.E.2d 174. On motion for reconsideration. Motion denied. PFEIFER, J., dissents.

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STATE v. OKO, 120 Ohio St.3d 1523 (2009)

2009-Ohio-614 State v. Oko. No. 2009-0024.Supreme Court of Ohio. February 18, 2009. Cuyahoga App. No. 87539, 2007-Ohio-538. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion denied.

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MILLER v. VOLKSWAGEN OF AM., 120 Ohio St.3d 1525 (2009)

2009-Ohio-614 Miller v. Volkswagen of Am., Inc. No. 2008-2108.Supreme Court of Ohio. February 18, 2009. Erie App. No. E-07-047, 2008-Ohio-4736. APPEALS NOT ACCEPTED FOR REVIEW. Discretionary appeal not accepted. MOYER, C.J., and LUNDBERG STRATTON, J., dissent. Motion for admission pro hac vice of Daniel V. Gsovski by Martin T. Galvin granted.

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STATE v. JACKSON, 120 Ohio St.3d 1523 (2009)

2009-Ohio-614 State v. Jackson. No. 2009-0099.Supreme Court of Ohio. February 18, 2009. Ashtabula App. No. 2007-A-0079, 2008-Ohio-6976. MOTION AND PROCEDURAL RULINGS. On motion for stay of court of appeals’ judgment. Motion granted. PFEIFER, J., dissents. Page 1524

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STATE v. SCHOOL EMPS., 120 Ohio St.3d 1525 (2009)

2009-Ohio-614 State ex rel. Davis v. School Emps. Retirement Sys. No. 2008-2118.Supreme Court of Ohio. February 18, 2009. Franklin App. No. 08AP-214, 2008-Ohio-4719. APPEALS NOT ACCEPTED FOR REVIEW. Page 1526 LANZINGER, J., dissents. CUPP, J., dissents and would accept the appeal and affirm the judgment of the court of appeals on the authority of State […]

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STATE v. BREWER, 2007-1755 (2-18-2009)

2009-Ohio-614 State v. Brewer, Slip Opinion No. 2009-Ohio-593. No. 2007-1755.Supreme Court of Ohio. February 18, 2009. MERIT DECISIONS WITH OPINIONS Cuyahoga App. No. 87701, 2007-Ohio-4291. Judgment affirmed and cause remanded to the trial court. Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, and Cupp, JJ., concur. Moyer, C.J., and Lanzinger, J., dissent.

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STATE v. WILSON, 120 Ohio St.3d 1522 (2009)

2009-Ohio-614 State v. Wilson. No. 1994-2537.Supreme Court of Ohio. February 18, 2009. Lorain App. No. 92CA005396. MOTION AND PROCEDURAL RULINGS. On motion to set execution date. Motion granted. It is ordered by this court that appellant’s sentence be carried into execution by the Warden of the Southern Ohio Correctional Facility, or in his absence, by […]

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STATE v. GORMAN, 120 Ohio St.3d 1522 (2009)

2009-Ohio-614 State ex rel. Ealy v. Gorman. No. 2008-2400.Supreme Court of Ohio. February 18, 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. Sua sponte, relator, Larry E. Ealy, is determined to be a […]

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JP MORGAN v. WELLS FARGO, 120 Ohio St.3d 1524 (2009)

2009-Ohio-614 JP Morgan Chase Bank v. Wells Fargo Financial Leasing, Inc. No. 2009-0124.Supreme Court of Ohio. February 18, 2009. Logan App. No. 8-08-07, 2008-Ohio-6354. MOTION AND PROCEDURAL RULINGS. On motion for stay of execution of judgment. Motion denied.

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MORGAN v. STATE TEACHERS RETIREMENT BD. OF OHIO, 2008-1441 (2-18-2009)

2009-Ohio-614 State ex rel. Morgan v. State Teachers Retirement Bd. of Ohio, Slip Opinion No. 2009-Ohio-591. No. 2008-1441.Supreme Court of Ohio. February 18, 2009. MERIT DECISIONS WITH OPINIONS Franklin App. No. 07AP-115, 2008-Ohio-2796. Judgment affirmed. Moyer, C.J., and O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur. Pfeifer and Lundberg Stratton, JJ., dissent.

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STARCHER v. OHIO ADULT PAROLE, 120 Ohio St.3d 1522 (2009)

2009-Ohio-614 Starcher v. Ohio Adult Parole Auth. No. 2008-2483.Supreme Court of Ohio. February 18, 2009. In Habeas Corpus. MERIT DECISIONS WITHOUT OPINIONS. On petition for writ of habeas corpus of Rocky W. Starcher. 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. O’HARA, 120 Ohio St.3d 1522 (2009)

2009-Ohio-614 State v. O’Hara. No. 2008-2486.Supreme Court of Ohio. February 18, 2009. Hamilton App. Nos. C-000314 and C-000318. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion denied. MOYER, C.J., and PFEIFER, J., dissent. Page 1523

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FREEMAN v. FREEMAN, 120 Ohio St.3d 1523 (2009)

2009-Ohio-614 Freeman v. Freeman. No. 2009-0058.Supreme Court of Ohio. February 18, 2009. Seneca App. No. 13-08-20, 2008-Ohio-6073. MOTION AND PROCEDURAL RULINGS. On motion for stay of court of appeals’ judgment. Motion denied. CUPP, J., dissents.

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STATE v. CHARLEY, 120 Ohio St.3d 1523 (2009)

2009-Ohio-614 State v. Charley. No. 2009-0018.Supreme Court of Ohio. February 18, 2009. Cuyahoga App. No. 85356, 2005-Ohio-4116. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion denied. PFEIFER, J., dissents.

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STATE v. NELSON, 120 Ohio St.3d 1523 (2009)

2009-Ohio-614 State v. Nelson. No. 2009-0020.Supreme Court of Ohio. February 18, 2009. Cuyahoga App. No. 90827, 2008-Ohio-5735. MOTION AND PROCEDURAL RULINGS. On amended motion for stay of court of appeals’ judgment and release on bail. Motion denied.

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MYNES v. BROOKS, 120 Ohio St.3d 1523 (2009)

2009-Ohio-614 Mynes v. Brooks. No. 2009-0054.Supreme Court of Ohio. February 18, 2009. Scioto App. No. 07CA3185, 2008-Ohio-5613. 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’ Entry filed December 12, […]

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WILLIAMS v. BUTLER CTY., 120 Ohio St.3d 1522 (2009)

2009-Ohio-614 Williams v. Butler Cty. Court of Common Pleas. No. 2008-0033.Supreme Court of Ohio. February 18, 2009. In Habeas Corpus. MERIT DECISIONS WITHOUT OPINIONS. On petition for writ of habeas corpus of Joshua E. Williams. Sua sponte, cause dismissed. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur.

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BLANKENBURG v. JONES, 120 Ohio St.3d 1522 (2009)

2009-Ohio-614 Blankenburg v. Jones. No. 2009-0035.Supreme Court of Ohio. February 18, 2009. In Habeas Corpus. MERIT DECISIONS WITHOUT OPINIONS. On petition for writ of habeas corpus of Dr. Mark Blankenburg. Sua sponte, cause dismissed. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur.

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DONENFELD v. McADAM, 120 Ohio St.3d 1526 (2009)

2009-Ohio-614 Law Offices of Jack A. Donenfeld, L.P.A. v. McAdam. No. 2008-2137.Supreme Court of Ohio. February 18, 2009. Hamilton App. No. C-070641. APPEALS NOT ACCEPTED FOR REVIEW. Discretionary appeal not accepted. Motion to strike notice of appeal and memorandum in support of jurisdiction denied as moot.

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STATE v. COLLINS, 120 Ohio St.3d 1528 (2009)

2009-Ohio-614 [State ex rel.] Martin v. Collins. No. 2008-1902.Supreme Court of Ohio. February 18, 2009. In Mandamus. RECONSIDERATION OF PRIOR DECISIONS. Reported at 120 Ohio St.3d 1449, 2008-Ohio-6813, 898 N.E.2d 965. On motion for reconsideration. Motion denied.

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MYNES v. BROOKS, 120 Ohio St.3d 1528 (2009)

2009-Ohio-614 Mynes v. Brooks. No. 2008-2369.Supreme Court of Ohio. February 18, 2009. Scioto App. No. 07CA3185, 2008-Ohio-5613. APPEALS NOT ACCEPTED FOR REVIEW. MOYER, C.J., and LUNDBERG STRATTON and LANZINGER, JJ., dissent.

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STATE v. KELLEY, 120 Ohio St.3d 1523 (2009)

2009-Ohio-614 State v. Kelley. No. 2009-0070.Supreme Court of Ohio. February 18, 2009. Jefferson App. No. 08 JE 4, 2008-Ohio-6598. MOTION AND PROCEDURAL RULINGS. On motion for stay of execution of sentence. Motion denied.

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KARNOFEL v. GIRARD POLICE DEPT., 120 Ohio St.3d 1524 (2009)

2009-Ohio-614 Karnofel v. Girard Police Dept. No. 2008-2007.Supreme Court of Ohio. February 18, 2009. Trumbull App. Nos. 2008-T-0043 and 2008-T-0048, 2008-Ohio-4414. APPEALS NOT ACCEPTED FOR REVIEW. Discretionary appeal not accepted. Motion to strike motion for leave to file waiver of memorandum denied as moot.

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STATE v. WHATLEY, 120 Ohio St.3d 1523 (2009)

2009-Ohio-614 State v. Whatley. No. 2009-0046.Supreme Court of Ohio. February 18, 2009. Summit App. No. 24231, 2008-Ohio-6128. 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 December […]

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STATE EX REL. CINCINNATI ENQUIRER v. HEATH, 2008-1250 (2-18-2009)

2009-Ohio-614 State ex rel. Cincinnati Enquirer v. Heath, Slip Opinion No. 2009-Ohio-590. No. 2008-1250.Supreme Court of Ohio. February 18, 2009. MERIT DECISIONS WITH OPINIONS Warren App. No. CA2008-03-046. Judgment reversed and cause remanded. Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.

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STATE v. WHATLEY, 120 Ohio St.3d 1528 (2009)

2009-Ohio-614 State v. Whatley. No. 2009-0037.Supreme Court of Ohio. February 18, 2009. Summit App. No. 24231, 2008-Ohio-6128. APPEALS NOT ACCEPTED FOR REVIEW. LUNDBERG STRATTON, J., dissents. LANZINGER and CUPP, JJ., dissent and would accept the appeal on Proposition of Law No. I.

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STATE v. HORSEY, 120 Ohio St.3d 1523 (2009)

2009-Ohio-614 State v. Horsey. No. 2009-0007.Supreme Court of Ohio. February 18, 2009. Cuyahoga App. No. 89864, 2008-Ohio-4447. 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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GIBSON v. SHELDON, 120 Ohio St.3d 1522 (2009)

2009-Ohio-614 Gibson v. Sheldon. No. 2008-2480.Supreme Court of Ohio. February 18, 2009. In Habeas Corpus. MERIT DECISIONS WITHOUT OPINIONS. On petition for writ of habeas corpus of Dennis R. Gibson Jr. Sua sponte, cause dismissed. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur.

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LAMBERT v. CLANCY, 120 Ohio St.3d 1524 (2009)

2009-Ohio-614 Lambert v. Clancy. No. 2008-2183.Supreme Court of Ohio. February 18, 2009. Hamilton App. No. C-070600, 178 Ohio App.3d 403, 2008-Ohio-4905, 898 N.E.2d 67. APPEALS ACCEPTED FOR REVIEW. PFEIFER and CUPP, JJ., dissent.

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STATE v. STONE, 120 Ohio St.3d 1523 (2009)

2009-Ohio-614 State v. Stone. No. 2009-0075.Supreme Court of Ohio. February 18, 2009. Warren App. No. CA2007-11-132, 2008-Ohio-5671. MOTION AND PROCEDURAL RULINGS. On motion for stay of court of appeals’ judgment Motion denied.

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ROGERS v. PAHOUNDIS, 120 Ohio St.3d 1524 (2009)

2009-Ohio-614 Rogers v. Pahoundis. No. 2008-2028.Supreme Court of Ohio. February 18, 2009. Coshocton App. No. 07 CA 0007, 178 Ohio App.3d 229, 2008-Ohio-4468. APPEALS NOT ACCEPTED FOR REVIEW. Discretionary appeal not Page 1525 accepted. Motions for preliminary injunction, for order of replevin, and for appointment of receiver denied as moot.

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STATE v. MEYERS, 120 Ohio St.3d 1524 (2009)

2009-Ohio-614 State v. Meyers. No. 2008-1658.Supreme Court of Ohio. February 18, 2009. Summit App. Nos. 23864 and 23903, 2008-Ohio-2528. APPEALS NOT ACCEPTED FOR REVIEW. O’DONNELL, J., dissents and would accept the appeal on Proposition of Law No. III.

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STATE v. SUTTON, 120 Ohio St.3d 1524 (2009)

2009-Ohio-614 State v. Sutton. No. 2008-1996.Supreme Court of Ohio. February 18, 2009. Cuyahoga App. No. 90172, 2008-Ohio-3677. APPEALS ACCEPTED FOR REVIEW. Discretionary cross-appeal accepted; cause held for the decision in 2008-2037, State v. Williams, Cuyahoga App. No. 89726, 2008-Ohio-5149 and 2008-Ohio-5286; and briefing schedule stayed. PFEIFER, O’DONNELL, and LANZINGER, JJ., dissent. Discretionary appeal not accepted.

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