Opinion · Ohlaw Ohio

MOTION DOCKET, 92 Ohio St.3d 1446 (2001)

751 N.E.2d 483

Type: Opinion
Court: Ohlaw Ohio
Jurisdiction: Ohlaw
Date: 2001-01-01
Topic: general

MOTION DOCKET, 92 Ohio St.3d 1446 (2001) 751 N.E.2d 483Supreme Court of Ohio. 2001. MOTION DOCKET Announcement Wednesday July 25, 200199-1938. State ex rel. Kitts v. Mancan, Inc.

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MOTION DOCKET,92 Ohio St.3d 1446(2001)

751 N.E.2d 483

Supreme Court of Ohio.

2001.

MOTION DOCKET
Announcement Wednesday July 25, 2001

99-1938. State ex rel. Kitts v. Mancan, Inc.

Franklin App. No. 98AP-1281.Sua sponte, cause set for oral argument; oral argument to be on same date as that in 00-886,State ex rel. United Auto, Aerospace Agricultural ImplementWorkers of Am. v. Ohio Bur. of Workers' Comp., Franklin App. No. 99AP-406.

Lundberg Stratton, J., would grant oral argument in 99-1938 but would deny oral argument and dismiss for lack of standing in 00-886.

Cook, J., dissents.00-644. State v. Vrabel.

Mahoning App. No. 95CA221. Onpro semotion to prevent being penalized for not complying with the Supreme Court Rules of Practice,pro semotion to waive all appeals,pro semotion to waive Supreme Court's review of appellant's death sentence,pro semotion to forgo expert evaluation to determine competence to waive appeals,pro semotion to discharge attorneys,pro semotion to ignore any other party's request for delays or expert evaluation, andpro semotion to set execution date in ninety days.Suasponte, motions stricken.

Lundberg Stratton, J., would grant a competency assessment and not rule on these motions at this time.

On motion for competency assessment of appellant. Motion stricken.

Cook and Lundberg Stratton, JJ., dissent and would grant a competency assessment.00-816. State v. Hutton.

Cuyahoga App. No. 51704. On motion to consolidate case with 00-1540 for purposes of oral argument and disposition. Motion granted.

F.E. Sweeney and Lundberg Stratton, JJ., dissent.00-886. State ex rel. United Auto, Aerospace AgriculturalImplement Workers of Am. v. Ohio Bur. of Workers' Comp.

Franklin App. No. 99AP-406. On requests for oral argument. Requests granted and oral argument set on same date as that in 99-1938,State ex rel. Kitts v. Mancan, Inc., Franklin App. No. 98AP-1281.

Cook, J., dissents.

Lundberg Stratton, J., dissents and would dismiss this cause for lack of standing.00-1540. State v. Hutton.

Cuyahoga App. No. 51704. On motion to consolidate case with 00-816 for purposes of oral argument and disposition. Motion granted.

F.E. Sweeney and Lundberg Stratton, JJ., dissent.00-1824. State ex rel. LTV Steel Co. v. Indus. Comm.

Franklin App. No. 99AP-1054. On request for oral argument by LTV Steel Corporation. Request granted.

Cook, J., dissents.00-1984. Aetna Cas. Sur. Co. v. Goodyear Tire Rubber Co.

Summit App. No. 19121. On motion for admissionpro hac viceof L. Slater, K.A. Lane, and C. Brown by W. Rodgers for Westport Insurance Company. Motion granted.

Cook, J., not participating.00-2092. AK Steel Corp. v. Pub. Util. Comm.

Public Utilities Commission, Nos. 99-1658-EL-ETP, 99-1659-EL-ATA, 99-1660-EL-ATA, 99-1661-EL-AAM, 99-1662-EL- AAM and 99-1663-EL-UNC. On motion for leave to intervene by CincinnatiPage 1447Gas and Electric Company and on motion for leave to intervene by Robert S. Tongren in his capacity as the Ohio Consumers' Counsel. Motions for leave to intervene granted.

On motion to dismiss appeal. Motion denied.01-96. Sain v. Roo.

Franklin App. No. 99AP-1459. On itemized statement of attorney fees and costs filed pursuant to May 23, 2001 order. Fees and costs granted in the amount of $3,164.53.01-99. State v. Walls.

Butler App. No. CA99-10-174. On motion to withdraw as co-counsel of Brian E. Goodyear. Motion granted.01-201. State ex rel. Hubbard v. Indus. Comm.

In Mandamus. On answer of respondent Millenium Petrochemicals, Inc., and on answer of respondents Industrial Commission of Ohio and James Conrad, Administrator, Ohio Bureau of Workers' Compensation.Sua sponte, alternative writ granted.01-642. State ex rel. Ohio AFL-CIO v. Ohio Bur. of Workers' Comp.

In Mandamus. On motion to dismiss and motion for leave to file memorandum asamicus curiaein support of relators' memorandum contra motion to dismiss. Motion to dismiss denied; motion for leave to file granted;sua sponte, oral argument set.

Moyer, C.J., would grant leave to file but would dismiss the cause.

Cook, J., would dismiss the cause.

Lundberg Stratton, J., would dismiss the cause for lack of standing.01-733. State v. Parker.

Cuyahoga App. No. 76395. On motion for stay of court of appeals' judgment. Motion granted.

Pfeifer, J., dissents.01-748. State ex rel. R.T.G., Inc. v. State.

Franklin App. No. 98AP-1015. On amended motion for admissionprohac viceof Timothy J. Dowling by Mark G. Bonaventura. Motion granted.01-811. Friemoth v. Fruehauf Trailer Corp.

On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated in the court of appeals' Journal Entry filed April 6, 2001:

"[W]hether an integration clause in an insurance binder which states that the `insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the company' creates an ambiguity of law or genuine issue of material fact when the only evidence in the record as to any `policy in current use by the company' is the policy, together with the exclusions and endorsements contained therein, which is subsequently issued by the company pursuant to said binder."

Moyer, C.J., Cook and Lundberg Stratton, JJ., dissent.

The conflict case inPreferred Risk Group v. Beachy(Nov. 7, 1990), Summit App. No. 14572, unreported, 1990 WL 177435.Sua sponte, cause consolidated with 01-810,Friemoth v.Fruehauf Trailer Corp., Allen App. No. 1200078.01-957. State v. Parker.

Cuyahoga App. No. 76395. On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated in the court of appeals' Order Certifying a Conflict dated April 30, 2001:

"Whether when the State agrees not to pursue the death penalty in an aggravated murder case, but does not delete the death penalty specification, does the requirement that the proceedings be held by a three judge panel as set forth in R.C.2945.06and Crim.R. 11(C)(3) still apply."

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

The conflict cases areState v. Griffin(1992),73 Ohio App.3d 546,597 N.E.2d 1178, andState v. RashPage 1448(Mar. 27, 1995), Stark App. No. 94-CA-223, unreported, 1995 WL 347945.Sua sponte, cause consolidated with 01-733,State v. Parker, Cuyahoga App. No. 76395.01-981. Washington Twp. Trustees v. Davis.

Pickaway App. No. 00CA28. On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the following issue stated in the court of appeals' Judgment Entry filed May 14, 2001:

"The rule of law on which the conflict exists is whether a radio station is a `public utility' for purposes of R.C.519.211(A)."

F.E. Sweeney, J., dissents.

The conflict case isCollins v. Swackhamer(1991),75 Ohio App.3d 831,600 N.E.2d 1079.Sua sponte, cause consolidated with 01-847,Washington Twp.Trustees v. Davis, Pickaway App. No. 00CA28.01-1022. State v. Jastrow.

Franklin App. No. 99AP-931. On motion for leave to file delayed appeal. Motion denied.01-1024. State v. DeLeon.

Montgomery App. No. 17574. On motion for leave to file delayed appeal. Motion denied.

Lundberg Stratton, J., dissents.01-1037. State v. Wilson.

Lucas App. No. L-99-1125. On motion for leave to file delayed appeal. Motion denied.

Pfeifer, J., dissents.01-1051. State v. McDonald.

Stark App. No. 2000CA51. On motion for stay of court of appeals' judgment. Motion denied.01-1066. State v. Bonilla.

Greene App. No. 99CA0118. On motion for leave to file delayed appeal. Motion denied.

Pfeifer, Cook and Lundberg Stratton, JJ., dissent.01-1087. State v. Dotson.

Washington App. No. 99CA33. On motion for leave to file delayed appeal. Motion denied.

Pfeifer and Lundberg Stratton, JJ., dissent.01-1088. State v. Ball.

Franklin App. No. 99AP-1288. On motion for leave to file delayed appeal. Motion denied.01-1091. State v. Burt.

Stark App. No. CA9470. On motion for leave to file delayed appeal. Motion denied.01-1159. State v. Lomas.

Lucas App. No. L-98-1345. On motion for leave to file delayed appeal. Motion denied.01-1198. Dennis v. State Farm Ins. Co.

Mahoning App. No. 99CA78. On motion for stay of court of appeals' judgment. Motion denied.

Moyer, C.J., Cook and Lundberg Stratton, JJ., dissent.01-1224. Stand Energy Corp. v. Cinergy Serv., Inc.

Hamilton App. Nos. C-000278 and C-000331. On motion for stay of court of appeals' judgment and motion to require a supersedeas bond of Cinergy. Motions fail for want of four votes on the following vote:

Douglas, F.E. Sweeney and Pfeifer, JJ., vote to deny.

Moyer, C.J., Resnick and Lundberg Stratton, JJ., vote to grant.

Cook, J., not participating.