03/21/2003 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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[Cite as 03/21/2003 Case Announcements, 2003-Ohio-1341.]
The Supreme Court of Ohio

CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS

March 21, 2003

MERIT DECISIONS WITHOUT OPINIONS

2003-0016. In re Petition of the Office of Disciplinary Counsel for Disclosure
of Evidence Presented to the Seneca Cty. Grand Jury in 2001.
This cause came on for consideration upon the filing of a petition of the Office of
Disciplinary Counsel for disclosure of evidence presented to the Seneca County
Grand Jury in 2001. Upon consideration thereof,

IT IS ORDERED by this court that the petition be, and hereby is, denied. It
is further ordered that this matter be dismissed.

Resnick, F.E. Sweeney, Pfeifer and O'Connor, JJ., concur.

Moyer, C.J., Cook and Lundberg Stratton, JJ., dissent.

MOTION AND PROCEDURAL RULINGS

2003-0137. State v. Jackson.
Trumbull C.P. No. 01CR794. This cause is pending before the court as an appeal
from the Court of Common Pleas of Trumbull County. Upon consideration of
appellant's motion for extension of time to transmit the record,

IT IS ORDERED by the court that the motion for extension of time to
transmit the record be, and hereby is, granted, and the time for transmitting the
record is extended to May 5, 2003.

DISCIPLINARY CASES

1999-0157. Cincinnati Bar Assn. v. Bailey.
On January 22, 1999, movant, Cincinnati Bar Association, filed a motion for order to
show cause why respondent should not be held in contempt of court for not complying
with a subpoena duces tecum. On September 20, 2000, this court found respondent in

contempt, sanctioned him in the amount of $500 due 30 days from the date of the order,
and ordered respondent to compensate movant for its costs. On June 26, 2001, this court
entered judgment in the amount of $375 against respondent and ordered him to reimburse
movant within 30 days of the order. On December 18, 2002, movant filed notice that
respondent had not complied with the court's June 26, 2001 order. On January 23, 2003,
this court ordered respondent to show cause why he should not be found in contempt for
failure to comply. Respondent filed a response to the show cause order and a request for
oral hearing and jury trial. Accordingly,

IT IS ORDERED by the court, sua sponte, that respondent appear in person
before this court on April 16, 2003, at 9:00 a.m. It is further ordered that the request for
oral hearing and jury trial be, and hereby is, denied.

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).

Pfeifer, J., dissents and would find respondent in contempt.

2002-2237. Disciplinary Counsel v. Baumgartner.
Upon consideration of respondent's motion to disqualify all justices of the Supreme
Court of Ohio,

IT IS ORDERED by the court that the motion be, and hereby is, denied.

Resnick and Cook, JJ., not participating.

MISCELLANEOUS DISMISSALS

2003-0102. State v. Kovac.
Montgomery App. No. 18662, 150 Ohio App.3d 676, 2002-Ohio-6784. 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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03-21-03