4/19/1996 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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SUPREME COURT OF OHIO

COLUMBUS

ANNOUNCEMENT

FRIDAY

April 19, 1996

MOTION DOCKET

88-1265. State v. Wiles.
Portage County, No. 1675. 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 the motion be, and is hereby, granted.

IT IS FURTHER ORDERED by the court that, pursuant to State v. Glenn
(1987), 33 Ohio St. 3d 601, 514 N.E.2d 869, a stay is granted for a period of
six months, beginning April 12, 1996, and ending October 15, 1996, to allow
appellant an opportunity to file a petition for post-conviction relief. If a
petition for post-conviction relief is not filed within the time allotted, this
stay will expire. No further time for the filing of the petition will be
granted except in unusual circumstances.

IT IS FURTHER ORDERED by the court that, if a petition for post-conviction
relief is filed within the time allotted, a date-stamped copy of the 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 compliance with the mandate and
execution of sentence be, and is hereby, stayed for the six-month period
allotted by this order and, if a petition for post-conviction relief is filed
within the time allotted, pending the exhaustion of all proceedings for post-
conviction relief before the 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.

93-1708. State v. Kinley.
Clark County, No. 2826. 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 the motion be, and is hereby, granted.

IT IS FURTHER ORDERED by the court that, pursuant to State v. Glenn
(1987), 33 Ohio St. 3d 601, 514 N.E.2d 869, a stay is granted for a period of
six months, beginning April 8, 1996, and ending October 8, 1996, to allow
appellant an opportunity to file a petition for post-conviction relief. If a
petition for post-conviction relief is not filed within the time allotted, this
stay will expire. No further time for the filing of the petition will be
granted except in unusual circumstances.

IT IS FURTHER ORDERED by the court that, if a petition for post-conviction
relief is filed within the time allotted, a date-stamped copy of the 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 compliance with the mandate and
execution of sentence be, and is hereby, stayed for the six-month period
allotted by this order and, if a petition for post-conviction relief is filed
within the time allotted, pending the exhaustion of all proceedings for post-
conviction relief before the 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.

96-113. Thompson v. Utomo.
Lucas County, No. L-95-034. This cause is pending before the court on the
certification of conflict by the Court of Appeals for Lucas County. On February
14, 1996, this case was consolidated with Supreme Court case No. 95-2509,
Thompson, Admx., etc., et al. v. Utomo et al. for purposes of briefing. On
April 9, 1996, Supreme Court case No. 95-2509 was dismissed on joint
application of the parties.

IT IS ORDERED by the court that the parties show cause, within ten days
from the date of this entry, why this cause should not be dismissed.

DISCIPLINARY DOCKET

94-2254. Cincinnati Bar Assn. v. Sullivan.
This cause came on for further consideration upon the filing of respondent's
motion to withdraw motion for hearing. Upon consideration thereof,

IT IS ORDERED by the court that respondent's motion be, and is hereby,
granted.

IT IS FURTHER ORDERED, sua sponte, by the court that the show cause order
of November 9, 1995, be vacated, and that this cause be referred to the Office
of the Attorney General for collection.

Stratton, J., not participating.

96-748. In re Resignation of Clinard.
The resignation as an attorney of William Faulkner Clinard of Germantown, Ohio,
Attorney Registration No. 0024363, is accepted.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Stratton,
JJ., concur.

96-751. In re Williams.
On April 1, 1996, and pursuant to Gov.Bar R. V(5)(A)(2), the Secretary of the
Board of Commissioners on Grievances and Discipline of the Supreme Court
certified to the Supreme Court a certified copy of a judgment entry of a felony
conviction against Kevin Williams, a.k.a. Kevin Anthony Williams, Attorney
Registration No. 0040877, an attorney licensed to practice law in the state of
Ohio.

Upon consideration thereof and pursuant to Gov.Bar R. V(5)(A)(3), it is
ordered and decreed that Kevin Williams, a.k.a. Kevin Anthony Williams, Attorney
Registration No. 0040877, last known address in Worthington, Ohio, be, and
hereby is, suspended from the practice of law for an interim period, effective
as of the date of this entry.

IT IS FURTHER ORDERED that this matter be, and is hereby, referred to the
Disciplinary Counsel for investigation and commencement of disciplinary
proceedings.

IT IS FURTHER ORDERED that Kevin Williams, a.k.a. Kevin Anthony Williams,
immediately cease and desist from the practice of law in any form and is hereby
forbidden to appear on behalf of another before any court, judge, commission,
board, administrative agency or other public authority.

IT IS FURTHER ORDERED that, effective immediately, he be forbidden to
counsel or advise, or prepare legal instruments for others or in any manner
perform legal services for others.

IT IS FURTHER ORDERED that he is hereby divested of each, any and all of
the rights, privileges and prerogatives customarily accorded to a member in good
standing of the legal profession of Ohio.

IT IS FURTHER ORDERED that, pursuant to Gov.Bar R. X(3)(G), respondent
shall complete one credit hour of continuing legal education for each month, or
portion of a month of the suspension. As part of the total credit hours of
continuing legal education required by Gov.Bar R. X(3)(G), respondent shall
complete one credit hour of instruction related to ethics and professional
responsibility, including instruction on substance abuse, for each six months,
or portion of six months, of the suspension.

IT IS FURTHER ORDERED, sua sponte, by the court, that within ninety days
of the date of this order, respondent shall reimburse any amounts that have been
awarded by the Clients' Security Fund pursuant to Gov.Bar R. VIII(7)(F). It is
further ordered, sua sponte, by the court that if, after the date of this order,
the Clients' Security Fund awards any amount against the respondent pursuant to
Gov.Bar R. VIII(7)(F), the respondent shall reimburse that amount to the
Clients' Security Fund within ninety days of the notice of such award.

IT IS FURTHER ORDERED that respondent shall not be reinstated to the
practice of law in Ohio until (1) respondent complies with the requirements for
reinstatement set forth in the Supreme Court Rules for the Government of the Bar
of Ohio; (2) respondent complies with the Supreme Court Rules for the Government
of the Bar of Ohio; (3) respondent complies with this order and all other orders
issued by this court; and (4) this court orders respondent reinstated.

IT IS FURTHER ORDERED that on or before thirty days from the date of this
order, respondent shall:
1.
Notify all clients being represented in pending matters and any co-counsel
of his suspension and his consequent disqualification to act as an attorney
after the effective date of this order and, in the absence of co-counsel, also
notify the clients to seek legal service elsewhere, calling attention to any
urgency in seeking the substitution of another attorney in his place;
2.
Regardless of any fees or expenses due him, deliver to all clients being
represented in pending matters any papers or other property pertaining to the
client, or notify the clients or co-counsel, if any, of a suitable time and
place where the papers or other property may be obtained, calling attention to
any urgency for obtaining such papers or other property;
3.
Refund any part of any fees or expenses paid in advance that are unearned
or not paid, and account for any trust money or property in his possession or
control;
4.
Notify opposing counsel in pending litigation or, in the absence of
counsel, the adverse parties of his disqualification to act as an attorney after
the effective date of this order, and file a notice of disqualification of
respondent with the court or agency before which the litigation is pending for
inclusion in the respective file or files;
5.
Send all such notices required by this order by certified mail with a
return address where communications may thereafter be directed to respondent;

6.
File with the Clerk of this court and the Disciplinary Counsel of the
Supreme Court an affidavit showing compliance with this order, showing proof of
service of notices required herein, and setting forth the address where the
affiant may receive communications; and

7.
Retain and maintain a record of the various steps taken by respondent
pursuant to this order.

IT IS FURTHER ORDERED that respondent shall keep the Clerk and the
Disciplinary Counsel advised of any change of address where respondent may
receive communications.

IT IS FURTHER ORDERED, sua sponte, that all documents filed with this
court in this case shall meet the filing requirements set forth in the Rules of
Practice of the Supreme Court of Ohio, including requirements as to form,
number, and timeliness of filings.

IT IS FURTHER ORDERED, sua sponte, that service shall be deemed made on
respondent by sending this order, and all other orders in this case, by
certified mail to the most recent address respondent has given to the Attorney
Registration Office.

IT IS FURTHER ORDERED that the Clerk of this court issue certified copies
of this order as provided for in Gov.Bar R. V(8)(D)(1), that publication be made
as provided for in Gov.Bar R. V(8)(D)(2), and that respondent bear the costs of
publication.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Stratton,
JJ., concur.

MISCELLANEOUS DISMISSALS

96-408. State v. Williams.
Lucas County, No. L-96-015. This cause is pending before the court as an appeal
from the Court of Appeals for Lucas County. It appears from the records of this
court that appellant has not filed a merit brief, due April 8, 1996, in
compliance with the Rules of Practice of the Supreme Court and therefore has
failed to prosecute this cause with the requisite diligence. Upon consideration
thereof,

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

6

DRAFT