State v. Byrd

Ohio Supreme Court

State v. Byrd

742 N.E.2d 135, 91 Ohio St. 3d 1435, 2001 Ohio LEXIS 355

CourtOhio Supreme Court

DecidedFebruary 9, 2001

Docket86-512

StatusPublished

This text of 742 N.E.2d 135 (State v. Byrd) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Byrd, 742 N.E.2d 135, 91 Ohio St. 3d 1435, 2001 Ohio LEXIS 355 (Ohio 2001).

Pincite

Opinion

Hamilton App. No. C-830676. On January 26, 2001, appellant filed a motion for stay of execution pending litigation of actual innocence. Upon consideration thereof,

IT IS ORDERED by the court that the motion for stay be, and hereby is, denied as premature.

It appearing that appellant’s petition for rehearing of the order denying certiorari is pending before the United States Supreme Court,

IT IS FURTHER ORDERED that appellee file notice with this court when the United States Supreme Court issues its order on appellant’s motion for rehearing.

Cook, J., would set execution date and remand to common pleas court for consideration of posteonvietion relief proceedings.

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Hamilton App. No. C-830676. On January 26, 2001, appellant filed a motion for stay of execution pending litigation of actual innocence. Upon consideration thereof,

IT IS ORDERED by the court that the motion for stay be, and hereby is, denied as premature.

It appearing that appellant’s petition for rehearing of the order denying certiorari is pending before the United States Supreme Court,

IT IS FURTHER ORDERED that appellee file notice with this court when the United States Supreme Court issues its order on appellant’s motion for rehearing.

Cook, J., would set execution date and remand to common pleas court for consideration of posteonvietion relief proceedings.

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Bluebook (online)

742 N.E.2d 135, 91 Ohio St. 3d 1435, 2001 Ohio LEXIS 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-byrd-ohio-2001.