10/25/1996 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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SUPREME COURT OF OHIO

COLUMBUS

ANNOUNCEMENT

FRIDAY

October 25, 1996

MOTION DOCKET

95-42.
State v. Wogenstahl.

Hamilton App. No. C-930222. This court received notification from the
Supreme Court of the United States that said court on October 7, 1996 entered an
order in No. 96-5388, Jeffrey A. Wogenstahl v. Ohio, which stated:

"The petition for a writ of certiorari is denied."

Upon consideration that the stay of execution of sentence granted by this
court on May 22, 1996 was conditioned upon final disposition of appellant's
petition to the Supreme Court of the United States, and it appearing to this
court that the Supreme Court of the United States has rendered a final
disposition of the petition,

IT IS ORDERED that the stay of execution is hereby terminated as of the
date of this entry, October 24, 1996.

IT IS HEREBY ORDERED by this 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 Wednesday, the 22nd day of January, 1997, 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.

IT IS FURTHER ORDERED by the court that, upon written application of
appellant, and pursuant to State v. Glenn (1987), 33 Ohio St.3d 601, 514 N.E.2d
869, this court will grant one additional stay for a period ending six months
from the date of this entry to allow appellant an opportunity to file a petition
for post-conviction relief.

95-202.
State v. Hill.
Hamilton App. No. C-910916. This court received notification from the Supreme
Court of the United States that said court on October 7, 1996 entered an order
in No. 96-5396, Genesis Hill v. Ohio, which stated:

"The petition for a writ of certiorari is denied."

Upon consideration that the stay of execution of sentence granted by this
court on May 22, 1996 was conditioned upon final disposition of appellant's
petition to the Supreme Court of the United States, and it appearing to this
court that the Supreme Court of the United States has rendered a final
disposition of the petition,

IT IS ORDERED that the stay of execution is hereby terminated as of the
date of this entry, October 24, 1996.

IT IS HEREBY ORDERED by this 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 Wednesday, the 22nd day of January, 1997, 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.

IT IS FURTHER ORDERED by the court that, upon written application of
appellant, and pursuant to State v. Glenn (1987), 33 Ohio St.3d 601, 514 N.E.2d
869, this court will grant one additional stay for a period ending six months
from the date of this entry to allow appellant an opportunity to file a petition
for post-conviction relief.

96-1054.
Enyart v. Columbus Metro. Area Community Action Org.
Franklin App. No. 95APE08-1033. This cause is pending before the court as an
appeal from the Court of Appeals for Franklin County. Upon consideration of the
request of the Tenth District Court of Appeals for return of the record in this
case to the Clerk of the Tenth District Court of Appeals,

IT IS ORDERED by the court, effective October 24, 1996, that the record be
returned to the Tenth District Court of Appeals for a period not exceeding
ninety days.

RECONSIDERATION DOCKET

96-1642. State v. Bogle.
Montgomery App. No. 14774. Reported at 77 Ohio St.3d ___, ___ N.E.2d ___. On
October 23, 1996, this case was dismissed for want of prosecution because
appellant had failed to file a memorandum in support of jurisdiction due October
18, 1996. It has come to the attention of the court that appellant did tender a
memorandum in support of jurisdiction in compliance with this court's order and
the Rules of Practice but the memorandum was inadvertently rejected for filing.
Upon consideration thereof,

IT IS ORDERED by the court, sua sponte, effective October 24, 1996, that
this case shall be restored to the docket; appellant's memorandum in support of
jurisdiction shall be filed as of October 15, 1996; and appellee's memorandum in
response shall be due within thirty days of the date of this entry.

MISCELLANEOUS DISMISSALS

96-1325.
Coleman v. Coleman.
Lucas App. No. L-95-215. This cause is pending before the court as a
discretionary appeal and a claimed appeal of right. On June 7, 1996, when the
appeal was filed, a check in the amount of $40 was submitted by Edward Coleman
to satisfy the requirement of the docket fee imposed by R.C. 2503.17 and
S.Ct.Prac.R. XV(1). This court has been informed by the Office of the Treasurer
of the state of Ohio that the check was returned from General Mills Toledo
Federal Credit Union because the check had an unauthorized drawer's signature.
Whereas R.C. 2503.17 and S.Ct.Prac.R. XV(1) require that the docket fee shall be
paid before a notice of appeal is filed or a case is docketed,

IT IS ORDERED by the court, sua sponte, that this cause be, and hereby is,
dismissed, effective October 24, 1996.
96-2295.
Smith v. Ohio Dept. of Human Serv.

Clermont App. No. CA96-05-045. This cause is pending before the court as a
discretionary appeal and a claimed appeal of right.

IT IS ORDERED by the court, sua sponte, that this cause be, and hereby is,
dismissed.

IT IS FURTHER ORDERED by the court that the Clerk of this court shall
refuse future filings by appellant in connection with Clermont County Court of
Appeals case No. CA96-05-045, James Smith v. Ohio Department of Human Services,
except that appellant may file one notice of appeal to appeal the final decision
of the Clermont County Court of Appeals in the case.

96-2317.
Smith v. Ohio Dept. of Human Serv.
Clermont App. No. CA96-05-045. This cause is pending before the court as a
discretionary appeal and a claimed appeal of right.

IT IS ORDERED by the court, sua sponte, that this cause be, and hereby is,
dismissed.

IT IS FURTHER ORDERED by the court that the Clerk of this court shall
refuse future filings by appellant in connection with Clermont County Court of
Appeals case No. CA96-05-045, James Smith v. Ohio Department of Human Services,
except that appellant may file one notice of appeal to appeal the final decision
of the Clermont County Court of Appeals in the case.

96-2356.
Smith v. Ohio Dept. of Human Serv.
Clermont App. No. CA96-05-045. This cause is pending before the court as a
discretionary appeal and a claimed appeal of right.

IT IS ORDERED by the court, sua sponte, that this cause be, and hereby is,
dismissed.

IT IS FURTHER ORDERED by the court that the Clerk of this court shall
refuse future filings by appellant in connection with Clermont County Court of
Appeals case No. CA96-05-045, James Smith v. Ohio Department of Human Services,
except that appellant may file one notice of appeal to appeal the final decision
of the Clermont County Court of Appeals in the case.

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