01/28/2005 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS

January 28, 2005

[Cite as 01/28/2005 Case Announcements, 2005-Ohio-286.]

MOTION AND PROCEDURAL RULINGS

2004-0041. State v. Elmore.
Licking C.P. No. 02CR275. This cause is pending before the court as a death
penalty appeal from the Court of Common Pleas for Licking County. Upon
consideration of appellant's motion for leave to file supplemental Proposition of
Law 17 instanter,

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

IT IS FURTHER ORDERED by the court that appellant shall file a
supplemental brief addressing the proposition of law within 30 days of the date of
this entry. Appellee shall file a brief in response within 20 days of the filing of
appellant's supplemental brief; and appellant may file a reply brief within 15 days
of the filing of appellee's supplemental brief.

2004-1561. State v. Blade.
Cuyahoga App. No. 83796, 2004-Ohio-4486. This cause is pending before the
court as an appeal from the Court of Appeals for Cuyahoga County.

IT IS ORDERED by the court, sua sponte, that this cause be held for the
decisions in 2004-1771, State v. Quinones, Cuyahoga App. No. 83720, 2004-Ohio-
4485, and 2004-1568, State v. Foster, Licking App. No. 03CA95, 2004-Ohio-4209.

IT IS FURTHER ORDERED by the court that the briefing schedule remains
stayed.

2004-1568. State v. Foster.
Licking App. No. 03CA95, 2004-Ohio-4209. This cause is pending before the
court as an appeal from the Court of Appeals for Licking County.

IT IS ORDERED by the court, sua sponte, that the stay of briefing is
dissolved, and this cause is no longer held.

IT IS FURTHER ORDERED by the court that the Clerk shall issue an order
for the transmittal of the record from the Court of Appeals for Licking County and
that briefing shall proceed in accordance with S.Ct.Prac.R. VI.

2004-1635. State v. Lett.
Cuyahoga App. Nos. 83821 and 83822, 2004-Ohio-4094. This cause is pending
before the court as an appeal from the Court of Appeals for Cuyahoga County.

IT IS ORDERED by the court, sua sponte, that this cause be held for the
decisions in 2004-1771, State v. Quinones, Cuyahoga App. No. 83720, 2004-Ohio-
4485, and 2004-1568, State v. Foster, Licking App. No. 03CA95, 2004-Ohio-4209.

IT IS FURTHER ORDERED by the court that the briefing schedule remains
stayed.

2004-1771. State v. Quinones.
Cuyahoga App. No. 83720, 2004-Ohio-4485. Upon consideration of the
jurisdictional memoranda filed in this case, the court hereby accepts the
discretionary appeal on Proposition of Law I. The Clerk shall issue an order for
the transmittal of the record from the Court of Appeals for Cuyahoga County, and
the parties shall brief this case in accordance with the Rules of Practice of the
Supreme Court of Ohio.

2004-1777. State v. Glass.
Cuyahoga App. No. 83950, 2004-Ohio-4495. Upon consideration of the
jurisdictional memoranda filed in this case, the court hereby accepts the appeal.

IT IS ORDERED by the court, sua sponte, that this cause be held for the
decisions in 2004-1771, State v. Quinones, Cuyahoga App. No. 83720, 2004-Ohio-
4485, and 2004-1568, State v. Foster, Licking App. No. 03CA95, 2004-Ohio-4209.

IT IS FURTHER ORDERED by the court that the briefing schedule be
stayed.

MISCELLANEOUS ORDERS

In re Enforcement of

:

Canons
7(B)(3)(a)(iv),

ORDER
7(B)(3)(b) and 7(D)(2)

:
of the Code of Judicial Conduct

Whereas this court is vested with the authority to regulate all matters relating
to the practice of law in this state pursuant to Section 2(B), Article 4, Ohio
Constitution,
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And whereas, pursuant to this constitutional authority, the court has adopted
the Ohio Code of Judicial Conduct,
It is hereby ordered that the operation and enforcement of Canons
7(B)(3)(a)(iv), 7(B)(3)(b) and 7(D)(2) of the Ohio Code of Judicial Conduct shall
be suspended as of the date of this order. No disciplinary proceedings involving
those provisions may be initiated or pursued by the Office of Disciplinary Counsel,
the Board of Commissioners on Grievances and Discipline, the Chief Justice of the
Court of Appeals (or his or her designee), any certified grievance committees of
local bar associations, or the Ohio State Bar Association.

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