2/2/1998 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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3
02/02/98

SUPREME COURT OF OHIO

COLUMBUS

ANNOUNCEMENT

MONDAY
February 2, 1998

MOTION DOCKET

87-1614. State v. Benner.
Summit App. No. 12664. On September 3, 1996, this court stayed
the execution of sentence in this cause pending exhaustion of
state post-conviction remedies. It appearing to the court that
all matters have been disposed of in case No. 87-1614,
appellant's direct appeal of his conviction, and case No. 97-
2122, appellant's post-conviction appeal,
IT IS ORDERED by the court, sua sponte, that the stay of
execution entered in this cause on September 3, 1996, be and is
hereby revoked.
IT IS HEREBY ORDERED by the court that said 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 4th day of May, 1998, 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
said Warden shall make due return thereof to the Clerk of the
Court of Common Pleas of Summit County.

95-2572. State v. Williams.
Summit App. No. 16418. This court received notification from the
Supreme Court of the United States that said court on January 12,
1998, entered an order in No. 97-5916,
Willie J. Williams, Jr. 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 July 24, 1997, 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.
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
Monday, the 4th day of May, 1998, 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 Summit 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.

96-1213. State v. McGuire.
Preble App. No. CA95-01-001. Upon consideration of the motion
for stay of execution of death sentence pending the timely filing
and final disposition of a petition for a writ of certiorari in
the United States Supreme Court and for stay during pendency of
post-conviction remedies, and it appearing from the motion that a
petition for post-conviction relief is now pending in the Preble
County Court of Appeals,
IT IS ORDERED by the court that said motion be, and the same
is hereby, granted.
IT IS FURTHER ORDERED by the court that compliance with the
mandate and execution of sentence be, and hereby are, stayed
pending the timely filing of the petition in the Supreme Court of
the United States.
IT IS FURTHER ORDERED that if such petition is timely filed,
this stay shall continue for an indefinite period pending final
disposition of this cause by the Supreme Court of the United
States.
IT IS FURTHER ORDERED by the court that this stay shall
remain in effect until exhaustion of all state post-conviction
proceedings, including any appeals.
IT IS FURTHER ORDERED that counsel for the appellant and for
the appellee shall notify this court upon a final disposition by
the Supreme Court of the United States or when all proceedings
for post-conviction relief before courts of this state have been
exhausted, whichever occurs later.