02/13/2003 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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[Cite as 02/13/2003 Case Announcements, 2003-Ohio-651.]
The Supreme Court of Ohio

CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS

February 13, 2003

MOTION AND PROCEDURAL RULINGS

1998-1209. State v. Sanders.
Hamilton App. No. C-960253. On September 28, 2001, this court stayed the
execution of sentence in this cause pending the timely filing and disposition of
appellant's appeal to the Supreme Court of the United States. It appearing to the
court that all matters have since been disposed of in case No. 1998-1209,
appellant's direct appeal of his conviction, and in case No. 2002-1846, appellant's
post-conviction appeal,

IT IS ORDERED by the court, sua sponte, that the stay of execution entered
in this cause on September 28, 2001, be and hereby is, revoked.

IT IS FURTHER ORDERED by this 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 Tuesday, the 13th day of May, 2003, 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 Hamilton County.

2002-0234. State v. Wright.
Washington App. No. 00CA39, 2001-Ohio-2473. This cause is pending before the
court on the certification of a conflict by the Court of Appeals for Washington
County. Upon consideration of the joint motion of appellee and amicus curiae,
Ohio Attorney General Jim Petro, for leave to participate in oral argument
scheduled for February 25, 2003,

IT IS ORDERED by the court that the motion for leave to participate in oral
argument be, and hereby is, granted, and the amicus curiae shall share the time
allotted to appellee.

2002-1599. N. Coast Community Homes, Inc. v. Zaino.
Board of Tax Appeals, No. 2001-J-1065. This cause is pending before the court as
an appeal from the Board of Tax Appeals. Upon consideration of appellant's
motion for extension of time to file appellant's merit brief pursuant to S.Ct.Prac.R.
XIV(6)(C),

IT IS ORDERED by the court that the motion for extension of time be, and
hereby is, granted, and appellant's merit brief is due on or before March 10, 2003.

2002-1601. State v. Haynes.
Franklin App. No. 01AP-430, 2002-Ohio-4389. This cause came on for further
consideration upon the motion of attorney Andrew P. Avellano for leave to file an
application for attorney fees. Upon consideration thereof,

IT IS ORDERED by the court that the motion for leave to file an application
for attorney fees be, and hereby is, granted.

2002-1740. State ex rel. Whisman v. Indus. Comm.
Franklin App. No. 02AP-130, 2002-Ohio-4899. This cause is pending before the
court as an appeal from the Court of Appeals for Franklin County. Upon
consideration of the joint motion for extension of time to file merit briefs pursuant
to S.Ct.Prac.R. XIV(6)(C),

IT IS ORDERED by the court that the motion for extension of time be, and
hereby is, granted, and appellant's merit brief is due on or before March 31, 2003.

2002-1841. State ex rel. Kroger Co. v. Robinette.
Franklin App. No. 01AP-1319, 2002-Ohio-4777. This cause is pending before the
court as an appeal from the Court of Appeals for Franklin County. Upon
consideration of appellant's motion for extension of time to file appellant's merit
brief pursuant to S.Ct.Prac.R. XIV(6)(C),

IT IS ORDERED by the court that the motion for extension be, and hereby
is, granted, and appellant's brief shall be filed on or before March 17, 2003.

MISCELLANEOUS DISMISSALS

2002-1196. Lane v. State Auto Ins. Cos.
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Miami App. No. 2001-CA-59, 2002-Ohio-2698. 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.

2002-1920. State ex rel. Thieman v. Indus. Comm.
Franklin App. No. 01AP-1274, 2002-Ohio-5071. This cause is pending before the
court as an appeal from the Court of Appeals for Franklin County. 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.

MISCELLANEOUS ORDERS

In re Report of the Commission
:
on Continuing Legal Education.
:

:

E N T R Y
Vincent James Kloss
:
(#0021842), :
Respondent.

This matter originated in this court on the filing of a report by the
Commission on Continuing Legal Education (the "commission") pursuant to
Gov.Bar R. X(6)(A)(1)(b) and (A)(2)(d). The commission recommended the
imposition of sanctions against certain attorneys, including the above-named
respondent, for failure to comply with the provisions of Gov.Bar R. X, Attorney
Continuing Legal Education, for the 1990-1991 reporting period.

On June 18, 1993, this court adopted the recommendation of the
commission, imposed a sanction fee upon the respondent, and suspended the
respondent from the practice of law pursuant to Gov.Bar R. X(6)(B)(3), and
Gov.Bar R. X(5)(A)(4). The court further ordered that respondent shall not be
reinstated to the practice of law in Ohio until respondent complies with the
requirements for reinstatement set forth in Gov.Bar R. X(7), respondent complies
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with the Supreme Court Rules for the Government of the Bar of Ohio, respondent
complies with this and all other orders of the court, and this court orders
respondent reinstated.

On January 31, 2003, the commission filed a recommendation pursuant to
Gov.Bar R. X(7)(B)(2), finding that the respondent has paid all fees assessed for
noncompliance, has made up all deficiencies and is now in full compliance with all
requirements of Gov.Bar R. X, and recommending that the respondent be
reinstated to the practice of law in Ohio. On January 31, 2003, the commission
certified that respondent had completed the credit hours of continuing legal
education required during his suspension by this court's order of suspension. On
January 15, 2003, respondent satisfied all of the requirements of this court's order
of suspension. Upon consideration thereof,

IT IS ORDERED by the court that the recommendation of the commission
be adopted and respondent, Vincent James Kloss, is hereby reinstated to the
practice of law.
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