8/19/1992 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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ATTENTION
DIRECT ANY QUESTIONS ABOUT THE ANNOUNCEMENT TO WALTER S. KOBALKA,
REPORTER OF DECISIONS, OR JUSTINE MICHAEL, ADMINISTRATIVE ASSISTANT, AT
(614) 466-4961 OR 1-800-826-9010.

SUPREME COURT OF OHIO

COLUMBUS

ANNOUNCEMENT

WEDNESDAY
August 19, 1992

DISMISSALS, SUA SPONTE, NO SUBSTANTIAL CONSTITUTIONAL
QUESTION AND JURISDICTIONAL MOTIONS OVERRULED

92-935. State v. Nave.
Wood County, No. 92WD015.
Resnick, J., not participating.

MOTION DOCKET

90-1914. State v. Franklin.
Hamilton County, No. C-890028. UPON CONSIDERATION of the motion filed by
counsel for appellant to stay the execution of sentence in the
above-styled cause pending the exhaustion of state post-conviction
remedies,
IT IS ORDERED by the court that said motion be, and the same is
hereby, granted, effective August 18, 1992.
IT IS FURTHER ORDERED by the court that said stay is granted for a
period of six months to allow appellant an opportunity to file a petition
for post-conviction relief. Absent such a filing within said time
period, this stay will expire, and no further time will be granted except
in unusual circumstances.
IT IS FURTHER ORDERED by the court that if a petition for
post-conviction relief has been filed within the time allotted, a
date-stamped copy of such petition shall be filed by appellant with the
Clerk of this court, and this stay shall remain in effect until
exhaustion of all state post-conviction proceedings, including any
appeals.
IT IS FURTHER ORDERED by the court that the compliance with the
mandate and execution of sentence be, and the same are hereby, stayed for
a period of six months or, if a petition for post-conviction relief is
filed within that time period, pending the exhaustion of all proceedings

for post-conviction relief before courts of this state.

JURISDICTIONAL MOTIONS ALLOWED

92-948. Ohio Office of Collective Bargaining v. Ohio Civil Serv. Emp.
Assn., Local 11, AFSCME, AFL-CIO.
Franklin County, No. 91AP-681. On motion to certify the record and on
motion for leave to file amicus of Ohio Association of Public School
Employees. Motions granted.
Moyer, C.J., Holmes and Wright, JJ., dissent.

MISCELLANEOUS DISMISSALS

92-858. State v. Cadwallader.
Cuyahoga County, No. 60006. Sua sponte, cause dismissed for want of
prosecution, effective August 17, 1992.

92-1165. Jackson v. Regional Transit Auth.
Cuyahoga County, No. 60443. Sua sponte, cause dismissed for want of
prosecution, effective August 17, 1992.

92-1300. Warren v. Franklin Twp. Zoning Bd. of Appeals.
Portage County, No. 91-P-2346. Sua sponte, cause dismissed for want of
prosecution, effective August 17, 1992.

92-1442. Helle v. Peerless Constr. Co.
Wood County, No. 91-WD-069. Cause dismissed, on appellant's application
for dismissal, effective August 18, 1992.