Opinion
September 26, 2001
98-1483. State v. Jones.
Ashtabula C.P. No. 97CR221. On application for reopening under S.Ct.Prac.R. XI(5). Application denied.
00-857. State ex rel. Long v. Cardington Village Council.
In Mandamus. On relator's application for costs and attorney fees.
IT IS ORDERED by the court that within ten days of this entry, relator's counsel submit evidence, preferably including affidavits and a copy of any written
fee agreement entered into with relator, specifying the attorney fees that relator actually paid or is obligated to pay her attorneys for this mandamus action. See State ex rel. Calvary v. Upper Arlington (2000), 90 Ohio St.3d 1415, 735 N.E.2d 455, and cases cited therein.
00-1984. Aetna Cas. Sur. Co. v. Goodyear Tire Rubber Co.
Summit App. No. 19121. On motion for admission pro hac vice of R. Siegel, M. Lieberman, and S. Strauss by G. Johnson for Evanston Insurance Company. Motion granted.
Cook, J., not participating.
00-2255. State ex rel. Johnson v. Hilltop Basic Resources, Inc.
Franklin App. No. 99AP-926. On request for oral argument. Request denied.
01-268. Indus. Energy Users-Ohio v. Pub. Util. Comm.
Public Utilities Commission, Nos. 00-02-EL-ETP, 99-1212-EL-ETP, 99-1213-EL-ATA, 99-1214-EL-AAM, 99-1658-EL-ETP, 99-1659-EL-ATA, 99-1660-EL-ATA, 99-1661-EL-AAM, 99-1662-EL-AAM, 99-1663-EL-UNC, 99-1687-EL-ETP, 99-1688-EL-AAM, 99-1689-EL-ATA, 99-1729-EL-ETP and 99-1730-EL-ETP. On motion for leave to intervene by Columbus Southern Power Company and Ohio Power Company and on motion for leave to intervene by Ohio Department of Development. Motions granted.
On motion to dismiss. Motion denied.
01-446. Nitchman v. Nationwide Mut. Fire Ins. Co.
Lorain App. No. 99CA007506. On motion to strike memorandum in support of jurisdiction for failure to provide service. Motion denied.
Lundberg Stratton, J., dissents.
01-493. Goodyear Tire Rubber Co. v. Aetna Cas. Sur. Co.
Summit App. No. 19121. On motion for admission pro hac vice of Robert Siegel and Meryl Lieberman for Evanston Insurance Co. by J. Saponaro and on motion for admission pro hac vice of Stephen Strauss for Northwestern National Insurance Company by Joseph Saponaro. Motions granted.
Cook, J., not participating.
01-573. First Energy Corp. v. Pub. Util. Comm.
Public Utilities Commission, Nos. 99-1212-EL-ETP, 99-1213-EL-ATA and 99-1214-EL-AAM. On motion for admission pro hac vice of Thomas J. Starrs by Kimberly Wile Bojko, and on motion for admission pro hac vice of David C. Rinebolt by Kimberly Wile Bojko. Motions granted.
Cook, J., not participating.
01-748. State ex rel. R.T.G., Inc. v. State.
Franklin App. No. 98AP-1015. On motion for admission pro hac vice of R.S. Radford for Pacific Legal Foundation by Mark Stemm. Motion granted.
01-1174. State v. Cobb.
Cuyahoga App. No. 76950. On motion for leave to file delayed appeal. Motion granted.
Douglas, Resnick and F.E. Sweeney, JJ., dissent.
01-1194. State v. Black.
Clermont App. No. CA2001-03-034. On motion for leave to file delayed appeal. Motion granted.
Douglas, Resnick and F.E. Sweeney, JJ., dissent.
01-1215. State v. Morgan.
Lucas App. No. L-00-1114. On motion for leave to file delayed appeal. Motion granted.
F.E. Sweeney, J., dissents.
Resnick, J., not participating.
01-1238. State v. Luther.
Lorain App. No. 99CA007394. On motion for leave to file delayed appeal. Motion denied.
Pfeifer, J., dissents.
01-1246. State v. Fennell.
Hamilton App. No. C-010180. On motion for leave to file delayed appeal. Motion denied.
Pfeifer, J., dissents.
01-1268. State v. Pasqualone.
Ashtabula App. No. 2001-A-0015. On motion for leave to file delayed appeal. Motion denied.
Pfeifer, J., dissents.
01-1277. State v. Buckner.
Hamilton App. No. C-010052. On motion for leave to file delayed appeal. Motion denied.
Pfeifer and Lundberg Stratton, JJ., dissent.
01-1288. State v. Williams.
Stark App. No. 1998CA00060. On motion for leave to file delayed appeal. Motion denied.
01-1312. McClain v. Northwest Community Corrections Ctr.
Certified State Law Question, No. 300CV7648. On preliminary memoranda pursuant to S.Ct.Prac.R. XVIII(6). The court will answer the following questions certified by the United States District Court for the Northern District of Ohio, Western Division:
"(1) Is an employee of a judicial corrections board hired to the staff of a community based correctional facility an at-will employee who serves at the pleasure of the Board?
"(2) Is an employee of a judicial corrections board hired to staff a community based correctional facility, who is subject to a 120 day initial review period pursuant to Board policy, entitled to `due process' in the termination of her employment pursuant to O.A.C. § 5120:1-14-03(P) and R.C. § 5120.111."
Resnick and Lundberg Stratton, JJ., dissent.
Sua sponte, the cause is set for argument.
Resnick and Lundberg Stratton, JJ., dissent.
01-1325. State ex rel. Shemo v. Mayfield Hts.
In Mandamus. On motion to dismiss. Motion denied and alternative writ granted.
01-1333. State v. Mardis.
Franklin App. No. 98AP-1059. On motion for leave to file delayed appeal. Motion denied.
01-1387. State v. Rivers.
Franklin App. No. 98AP-1322. On motion for leave to file delayed appeal. Motion denied.
01-1409. State v. Eden.
Lorain App. Nos. 00CA007599, 00CA007601 and 00CA007602. On motion for leave to file delayed appeal. Motion denied.
Lundberg Stratton, J., dissents.
01-1410. State v. Payton.
Sandusky App. No. S-97-049. On motion for leave to file delayed appeal. Motion denied.
Resnick, J., not participating.
01-1420. State v. Robinson.
Hamilton App. No. C-010126. On motion for leave to file delayed appeal. Motion denied.
01-1427. State v. Wetherall.
Hamilton App. No. C-000113. On review of order certifying a conflict. The court determines that a conflict exists; sua sponte, cause held for the decision in 00-1595 and 00-1682, State v. Barnes, Portage App. No. 98-P-0052; briefing schedule stayed.
Douglas, J., dissents.
01-1468. State v. Perotti.
Cuyahoga App. No. 79228. On motion for leave to file delayed appeal. Motion denied.
Cook, J., dissents.
01-1525. Dzina v. Dzina.
Cuyahoga App. No. 79945. On motion for immediate stay of court of appeals' judgment. Motion denied.
01-1526. Dzina v. Dzina.
Cuyahoga App. No. 79968. On motion for immediate stay of court of appeals' judgment. Motion denied.
01-1528. Dzina v. Dzina.
Cuyahoga App. No. 79969. On motion to consolidate case with 01-1525 and 01-1526, supra. Motion denied.
01-1530. State v. Knapp.
Wayne App. No. 00CA0073. On motion for stay of court of appeals' judgment. Motion denied.
Moyer, C.J., Douglas and Cook, JJ., dissent.
01-1540. State v. Smith.
Lorain App. No. 96CA006331. On motion for appointment of counsel. Motion denied.
Cook, J., dissents.
01-1548. In re Epperly-Wilson Children.
Stark App. No. 2001CA00098. On motion for stay of court of appeals' judgment. Motion denied.
01-1557. Nationsbanc Mtge. Corp. v. Kaplan.
Cuyahoga App. No. 79682. On motion for stay of foreclosure proceedings. Motion denied.
Resnick, J., dissents.
01-1571. State ex rel. Smith v. Enlow.
Portage App. No. 2000-P-0131. On motion for stay of court of appeals' judgment. Motion denied.
01-1577. State v. Mosley.
Scioto App. No. 00CA2739. On motion for stay of execution of judgment and motion for appeal bond. Motions denied.