Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Monday, February 13, 2006

2/13/2006 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS
2001-0835. State v. Hoffner.
Lucas App. No. L-95-181. This cause came on for further
consideration of appellant's motion for appointment of counsel
for purposes of filing an application for reopening pursuant to
S.Ct.Prac.R. XI(6). Upon consideration thereof,
IT IS ORDERED by the court that the motion is granted in part,
and attorney David Doughten is appointed to represent appellant
for the purposes of filing an application for reopening.

2005-1432. In re Guardianship of Schneider.
Medina App. No. 05CA0050-M. This cause came on for further
consideration of appellant’s motions to remove Judge Kenneth
Bailey and for recusal of Chief Justice Moyer. Upon consideration
thereof,
IT IS ORDERED by the court that the motions are denied.

2005-1652. In re Guardianship of Schneider.
Medina App. No. 05CA0050-M. This cause came on for further
consideration of appellant’s motions to remove Judge Kenneth Bailey
and for recusal of Chief Justice Moyer. Upon consideration thereof,
IT IS ORDERED by the court that the motions are denied.

2005-1678. State v. Hale.
Cuyahoga C.P. No. CR-04-54857. This cause is pending as a death
penalty appeal from the Court of Common Pleas for Cuyahoga County.
Upon consideration of appellant's motion for an extension of time to
transmit the record,
IT IS ORDERED that the motion is granted, and the time for
transmitting the record is extended to March 8, 2006.

2005-1926. LeRoy v. Allen Yurasek & Merklin.
Union App. No. 14-04-49, 162 Ohio App3d. 155, 2005-Ohio-4452.
This cause is pending before the court as an appeal from the Court of
Appeals for Union County. On February 8, 2006, this court granted
appellants' motion to consolidate this case with 2005-1593, LeRoy v.
Allen Yurasek & Merklin, Union App. No. 14-04-49, 162 Ohio App3d.
155, 2005-Ohio-4452, and ordered the parties to combine the briefing
of the two cases. Whereas, the party alignment is different in each case,
IT IS ORDERED by the court, sua sponte, that the parties shall file briefs
according to the alignment of the parties in case No. 2005-1593 and in
accordance with S.Ct.Prac.R. VI(5).

2005-2208. 12610 Kirby Ave. LLC v. Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2004-V-257. This cause is pending before the
court as an appeal from the Board of Tax Appeals. Upon consideration
of the parties' joint motion to remand this cause to the Board of Tax
Appeals,
IT IS ORDERED by the court that the motion is granted and this cause
is remanded to the Board of Tax Appeals to implement the settlement
agreement of the parties.

2005-2264. State v. Diar.
Lorain C.P. No. 04CR065248. This cause is pending before the court
as a death penalty appeal from the Court of Common Pleas for Lorain
County. Upon consideration of appellant's motion for an extension of time
to transmit the record,
IT IS ORDERED that the motion is granted, and the time for transmitting
the record is extended to March 17, 2006.

2006-0046. Satullo v. Wilkins.
Board of Tax Appeals, No. 2003-M-2115. This cause is pending before
the court as an appeal from the Board of Tax Appeals. It appears to the
court that the notice of appeal filed in this case does not contain a proof
of filing with the Board of Tax Appeals as required by R.C. 5717.04.
Upon consideration thereof,
IT IS ORDERED by the court, sua sponte, that appellants are to show
cause, within twenty days of the date of this entry, why this appeal
should not be dismissed for failure to comply with R.C. 5717.04. Appellee
may file a reply to appellants' response within ten days after the filing
of appellants' response.

MISCELLANEOUS DISMISSALS

2006-0032. State ex rel. DeJacimo v. Griffing.
In Mandamus. This cause originated in this court on the filing of a
complaint for a writ of mandamus. Upon consideration of relator's
application for dismissal,
IT IS ORDERED by the court that the application for dismissal is
granted. Accordingly, this cause is dismissed.

MEDIATION REFERRALS

The following case has been returned to the regular docket
pursuant to S.Ct.Prac.R. XIV(6)(E):
2005-1808. State ex rel. Smith v. Veach Trucking, Inc.
Franklin App. No. 04AP-1229, 2005-Ohio-4923.

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