1/31/2000 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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SUPREME COURT OF OHIO

COLUMBUS

ANNOUNCEMENT

MONDAY
January
31,
2000

MOTION DOCKET

98-1209. State v. Sanders.
Hamilton App. No. C-960253. This cause is pending before the court as an appeal
from the Court of Appeals for Hamilton County. Upon consideration of the
motion of Cathy R. Cook for continuance of oral argument scheduled for February
8, 2000, and to appoint new lead counsel for appellant,

IT IS ORDERED by the court, sua sponte, that oral argument scheduled for
February 8, 2000, be, and hereby is, continued.

It appearing to the court that, according to the records of the Committee on
the Appointment of Counsel for Indigent Defendants in Capital Cases (Rule 20
Committee), Cathy R. Cook was removed from the list of attorneys certified to
represent capital defendants on appeal effective July 30, 1998,

IT IS ORDERED by the court, sua sponte, that Cathy R. Cook show cause
on or before February 7, 2000, why she should not be removed as counsel for
defendant because she is not certified to represent capital defendants on appeal as
required by S.Ct.Prac.R. I(1).

98-2489. Columbus School Dist. Bd. of Edn. v. Tracy.
Board of Tax Appeals, Nos. 95-G-693 and 95-G-716. This cause is pending before
the court as an appeal from the Board of Tax Appeals. On November 29, 1999,
this court granted a joint motion to continue oral argument scheduled for
November 30, 1999, due to a pending settlement agreement. Whereas the
appellant has neither filed an application for dismissal of this case nor requested
that the case proceed before this court,

IT IS ORDERED by the court, sua sponte, effective January 28, 2000, that
appellant show cause within ten days of the date of this entry why this court should
not proceed with oral argument pursuant to S.Ct.Prac.R. IX(1)(B).

RECONSIDERATION DOCKET

99-1947. State ex rel. Davet v. Pianka.
Cuyahoga App. No. 76337. Reported at 87 Ohio St.3d 1486, ___ N.E.2d ___.

IT IS ORDERED by the court that the motion for reconsideration in this
case be, and hereby is, denied, effective January 28, 2000.

MISCELLANEOUS DISMISSALS

99-1659. State ex rel. Messina v. Steiner.
In Mandamus. This cause originated in this court on the filing of a complaint for a
writ of mandamus. It appears from the records of this court that relator has not
filed evidence and a merit brief in compliance with the Rules of Practice of the
Supreme Court and the order of this court entered December 22, 1999, 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, effective January 28, 2000.

99-2112. Stocklas v. Erie Ins. Group.
Lake App. No. 98-L-153. This cause is pending before the court as a discretionary
appeal and a claimed appeal as of right. Upon consideration of appellants'
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, effective January 28, 2000.

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99-2271. Oakwood Mgt. Co. v. Richards.
Franklin App. No. 99AP-627. This cause is pending before the court as a
discretionary appeal from the Court of Appeals for Franklin County. It appears
from the records of this court that appellant has not filed a memorandum in support
of jurisdiction, due January 24, 2000, 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, effective January 28, 2000.

00-74. State ex rel. Plain Dealer Publishing Co. v. Cleveland State Univ.
In Mandamus. This cause originated in this court on the filing of a complaint for a
writ of mandamus. Upon consideration of relator'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, effective January 28, 2000.

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