03/25/2004 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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[Cite as 03/25/2004 Case Announcements, 2004-Ohio-1444.]

The Supreme Court of Ohio

CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS

March 25, 2004

MOTION AND PROCEDURAL RULINGS

2000-1833. State v. Jordan.
Lucas C.P. No. CR982736. Upon consideration of the motion filed by
counsel for appellant to stay the execution of sentence in the above-styled
cause pending filing and disposition of his motion for reconsideration and
filing of a petition for a writ of certiorari in the Supreme Court of the United
States,

IT IS ORDERED by the court that the motion for stay be, and hereby
is, granted.

IT IS FURTHER ORDERED that the compliance with the mandate
and the 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 the final disposition of
this cause by the Supreme Court of the United States.

2004-0141. Morgan v. Eads.
Certified Question of State Law from the United States District Court, Northern
District of Ohio, Eastern Division, No. 1:99 CV 528. This cause came before the
court on the certification of a state law question from the United States District
Court, Northern District of Ohio, Eastern Division. On review of the preliminary
memoranda pursuant to S.Ct.Prac.R. XVIII(6),

IT IS DETERMINED that the court will answer the following questions:

"1.
Is an application to reopen an appeal under Ohio Rule of Appellate
Procedure 26(B) part of the direct appeal from a judgment of conviction?

"2.
If so, does the application become part of the direct appeal at the time
of its filing or only upon the granting of the application?"

IT IS ORDERED by the court that the parties shall proceed to brief this case
in accordance with S.Ct.Prac.R. XVIII(7).

Resnick and F.E. Sweeney, JJ., dissent.

MEDIATION REFERRALS

The following cases have been referred to mediation pursuant to
S.Ct.Prac.R. XIV(6):

2003-0711. Blanchard Valley Farmers Coop., Inc. v. Wilkins.
Board of Tax Appeals, No. 00-P-1341.

2004-0307. State ex rel. Holdren v. Indus. Comm.
Franklin App. No. 03AP-164, 2003-Ohio-7230.

2004-0413. State ex rel. Rowe v. Indus. Comm.
Franklin App. No. 03AP-181, 2004-Ohio-587.

The following cases have been returned to the regular docket pursuant
to S.Ct.Prac.R. XIV(6)(E):

2004-0187. State ex rel. Gobich v. Indus. Comm.
Franklin App. No. 03AP-99, 2003-Ohio-7035.

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