3/1/1999 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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SUPREME COURT OF OHIO

COLUMBUS

ANNOUNCEMENT

MONDAY

March 1, 1999

MOTION DOCKET

96-2346. State v. Getsey.
Trumbull App. No. 95CR399. Upon consideration of the motion or 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 an appeal of appellant's post-conviction case is pending in the 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.

97-1474. State v. Sheppard.
Hamilton App. No. 97-1474. Upon consideration of the motion filed by counsel
for appellant to stay the execution of sentenced in the above-styled cause pending
the timely filing of a petition for a writ of certiorari in the Supreme Court of the
United States,

IT IS ORDERED that said motion be, and the same is hereby, granted.

IT IS FURTHER ORDERED that the compliance with the mandate and the
execution of sentence be, and the same are hereby, 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.

97-2200. Hillyer v. Great Am. Ins. Co.
Lake App. No. 96-L-148. This cause is pending as an appeal from the Court of
Appeals for Lake County. On February 11, 1999, amicus curiae Ohio Academy of
Trial Lawyers filed a "Notice of Supplemental Authority." Under S.Ct.Prac.R.
IX(7), a party who intends to rely during oral argument on authorities not cited in
the merit briefs may file a list of citations to those in the merit briefs may file a list
of citations to those authorities no fewer than seven days before oral argument.
Whereas the Ohio Academy of Trial Lawyers is not a party in this cause and,
whereas its notice of supplemental authority contains more than the list of
citations to additional authorities permitted by S.Ct.Prac.R. IX(7),

IT IS ORDERED by the court that the notice of supplemental authority be,
and hereby is, stricken.

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DISCRETIONARY APPEALS ALLOWED

98-2376. Cuyahoga Falls v. Lewis.
Summit App. No. 19006. Discretionary appeal allowed; sua sponte, cause held for
the decision in 98-217, State v. Uskert, Ashland App. No. 97COA01219, briefing
schedule stayed.

RECONSIDERATION DOCKET

99-214. Klein v. Dietz.
Mahoning App. No. 95CA47. Reported at 84 Ohio St.3d 1493, ___ N.E.2d ___.
On motion for reconsideration. Motion denied.

MISCELLANEOUS DISMISSALS

98-2698. Lucre v. Aid Pest Control, Inc.
Stark App. No. 98CA00078. This cause is pending before the court as a
discretionary appeal. Upon consideration of appellant's application for dismissal,

IT IS ORDERED by the court that the application for dismissal be, and
hereby is, granted.

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

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