State v. Simko

• Decision Date: 08 January 1996
• Citation: 74 Ohio St.3d 1492,658 N.E.2d 1062
• Parties: State v. Simko NO. 93-569
• Court: Ohio Supreme Court

Page 1492

74 Ohio St.3d 1492

658 N.E.2d 1062

State v. Simko

NO. 93-569

Supreme Court of Ohio

Jan 08, 1996

MOTION DOCKET

Appeal from: Lorain County, No. 91CA005214.

UPON CONSIDERATION of the motion filed by counsel for appellant to stay the execution of sentence in the above-styled cause pending the exhaustion of state post-conviction remedies,

IT IS ORDERED by the court, effective January 4, 1996, that the motion be, and is hereby, granted, to the extent provided in this court's order of October 17, 1995, and as ordered below.

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, beginning October 17, 1995 and ending April 17, 1996, 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. No further time for the filing of the petition will be granted except in unusual circumstances.

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 by the court that compliance with the mandate and execution of sentence be, and is hereby, stayed for the six-month period allotted by this order and, if a petition for post-conviction relief is filed within the time allotted, pending the exhaustion of all proceedings for post-conviction relief before the courts of this state.

IT IS FURTHER ORDERED that counsel for the appellant and for the appellee shall notify this court when all proceedings for post-conviction relief before courts of this state have been exhausted.