State v. Davie

• Decision Date: 12 December 1997
• Citation: 80 Ohio St.3d 1473,687 N.E.2d 470
• Parties: State v. Davie NO. 96-452
• Court: Ohio Supreme Court

Page 1473

80 Ohio St.3d 1473

687 N.E.2d 470

State v. Davie

NO. 96-452

Supreme Court of Ohio

Dec 12, 1997

MOTION DOCKET

Trumbull App. No. 92-T-4693. Upon consideration of the motion for stay of execution of death sentence pending the timely filing and final disposition of a petition for a writ of certiorari in the United States Supreme Court and the motion for stay pending exhaustion of post-conviction remedies,

IT IS ORDERED by the court that said motions be, and the same are hereby, granted.

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

IT IS FURTHER ORDERED by the court that, pursuant to State v. Glenn (1987), 33 Ohio St.3d 601, 514 N.E.2d 869, a stay is granted for a period of six months, from the date of this entry, to allow appellant an opportunity to file a petition for post-conviction relief. If a petition for post-conviction relief is not filed within the time allotted, this stay will expire.

IT IS FURTHER ORDERED by the court that, if a petition for post-conviction relief is filed within the time allotted, a date-stamped copy of the petition shall be filed by appellant with the Clerk of this court, and this stay shall remain in effect until exhaustion of all state post-conviction proceedings, including any appeals.

IT IS FURTHER ORDERED that counsel for the appellant and for the appellee shall notify this court upon a final disposition by the Supreme Court of the United States or when all proceedings for post-conviction relief before courts of this state have been exhausted, whichever occurs later.