Opinion
Case Announcements and Administrative Actions, October 13, 2004.
MOTION AND PROCEDURAL RULINGS
1999-1268. State v. Cassano.Richland C.P. No. 98-CR-171H. On application for reopening under S.Ct.Prac.R. XI(6). Motion denied because the appellant failed to comply with the 90-day filing deadline in S.Ct.Prac.R. XI(6)(A).
2004-0099. State ex rel. Nestle USA-Prepared Foods Div., Inc. v. Indus. Comm.
In Mandamus. On motion for sanctions for frivolous action. Motion denied.
Resnick, J., not participating.
2004-1220. Shirley v. Republic-Franklin Ins. Co.
Stark App. No. 2003 CA 00361. On review of order certifying a conflict. The court determines that a conflict exists. Sua sponte, cause consolidated with 2004-1219, Shirley v. Republic-Franklin Ins. Co., Stark App. No. 2003 CA 00361; causes held for the decision in 2003-2167, Hopkins v. Dyer, Tuscarawas App. No. 2003AP0100009, 2003-Ohio-6178; and briefing schedule stayed.
Resnick, F.E. Sweeney and Pfeifer, JJ., dissent.
The conflict case is Crestmont Cleveland Partnership v. Ohio Dept. of Health (2000), 139 Ohio App.3d 928, 746 N.E.2d 222.
2004-1388. State v. Elliott.
Hamilton App. No. C-020736, 2003-Ohio-4962. On motion for leave to file delayed appeal. Motion denied.
2004-1389. State v. Anderson.
Hamilton App. No. C-040274. On motion for leave to file delayed appeal. Motion denied.
Pfeifer and Lundberg Stratton, JJ., dissent.
2004-1428. State v. Gray.
Cuyahoga App. No. 83097, 2004-Ohio-1454 and 2004-Ohio-4481. On motion for leave to file delayed appeal. Motion denied.
Pfeifer, J., dissents.
2004-1449. State v. Sura.
Stark App. No. 2003 CA 00353. On motion for leave to file delayed appeal. Motion denied.
2004-1453. State v. Val Coy.
Stark App. No. 2004 CA 00156. On motion for leave to file delayed appeal. Motion denied.
Lundberg Stratton, J., dissents.
2004-1455. State v. Schooler.
Montgomery App. No. 20143, 2004-Ohio-3569. On motion for leave to file delayed appeal. Motion denied.
Moyer, C.J., and Lundberg Stratton, J., dissent.
2004-1457. State v. Stricker.
Franklin App. No. 03AP-746, 2004-Ohio-3557. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 2 of the court of appeals' Judgment Entry filed August 10, 2004:
"Is sexual battery under R.C. 2907.03(A)(1) a statutorily lesser included offense of rape under R.C. 2907.02(A)(2)?"
Pfeifer and O'Donnell, JJ., dissent.
The conflict case is State v. Collins (1977), 60 Ohio App.2d 116, 396 N.E.2d 221.
2004-1520. State v. Wade.
Franklin App. No. 03AP-774, 2004-Ohio-3974. On motion for stay of court of appeals' judgment. Motion granted.
Resnick, F.E. Sweeney and Pfeifer, JJ., dissent.
2004-1530. State v. Riggins.
Hamilton App. No. C-030626, 2004-Ohio-4247. On motion for stay of court of appeals' judgment. Motion denied.
2004-1559. Fazio v. Hamilton Mut. Ins. Co.
Licking App. No. 03CA73, 2004-Ohio-2748. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issues stated at page 1 of the court of appeals' Judgment Entry filed September 7, 2004.
Resnick, F.E. Sweeney and Pfeifer, JJ., dissent.
The conflict cases are Caba v. State Farm Mut. Auto. Ins. Co. (March 3, 1995), 6th Dist. No. L-94-168, Tscherne v. Nationwide Mut. Ins. Co. (November 20, 2003), 8th Dist. No. 81620, and PrudentialProperty Cas. Ins. Co. v. Gales (August 7, 1986), 10th Dist. No. 86AP-250.