7/6/1992 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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SUPREME COURT OF OHIO

COLUMBUS

ANNOUNCEMENT

Monday
July 6, 1992

MOTION DOCKET

86-1130. State v. Zuern.
Hamilton County, No. C-840803. On October 19, l988, this court stayed
the execution of sentence in this cause pending exhaustion of appellant's
state post-conviction remedies. On May 6, 1992, this court overruled
appellant's motion to certify the record in case No. 92-152, which case
was pending as a post-conviction case. The appellant has now exhausted
all proceedings for post-conviction relief before the courts of this
state and, upon consideration thereof,
IT IS ORDERED by the court that the October 19, 1988 entry staying
compliance with the mandate and the execution of sentence pending the
exhaustion of all proceedings for post-conviction relief be, and the same
is hereby, revoked.
IT IS FURTHER ORDERED by the court that the sentence be carried into
execution by the Warden of the Southern Ohio Correctional Facility or, in
his absence, by the Deputy Warden, on Monday, the 5th day of October,
1992, in accordance with the statutes so provided.
IT IS FURTHER ORDERED that a certified copy of this entry and a
warrant under the seal of this court be duly certified to the Warden of
the Southern Ohio Correctional Facility and that the Warden shall make
due return thereof to the Clerk of the Court of Common Pleas of Hamilton
County.

89-722. State v. Spirko.
Van Wert County, No. 15-84-22. UPON CONSIDERATION of the motion filed by
counsel for appellant to continue stay of execution in the above-styled
cause pending the exhaustion of state post-conviction remedies, and it
appearing from the exhibits to the motion that a petition for
post-conviction relief has been filed by appellant with the Van Wert
County Common Pleas Court,
IT IS ORDERED that said motion be, and the same is hereby, granted.
IT IS FURTHER ORDERED that compliance with the mandate and the

execution of sentence be, and the same are hereby, stayed pending the
exhaustion of all proceedings for post-conviction relief before courts of
this state.
IT IS FURTHER ORDERED that counsel for the appellant and for the
appellee shall notify this court when all proceedings for post-conviction
relief before courts of this state have been exhausted.