State v. Byrd

Ohio Supreme Court

State v. Byrd

761 N.E.2d 41, 94 Ohio St. 3d 1423, 2002 Ohio LEXIS 44

CourtOhio Supreme Court

DecidedJanuary 11, 2002

Docket86-512

StatusPublished

This text of 761 N.E.2d 41 (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, 761 N.E.2d 41, 94 Ohio St. 3d 1423, 2002 Ohio LEXIS 44 (Ohio 2002).

Pincite

Opinion

Hamilton App. No. C-830676. On January 7, 2002, the United States Court of Appeals for the Sixth Circuit entered an order rescinding the stay of execution previously issued by that court in case No. 01-3927, In re John W. Byrd, Jr. On January 8, 2002, appellee filed with this court a motion to set execution date, and on January 10, 2002, appellant filed a memorandum opposing motion to set execution date.

Upon notice that the mandate in case No. 01-3927 has been issued by the United States Court of Appeals for the Sixth Circuit,

IT IS ORDERED by the court, sua sponte, that appellant’s sentence be carried into execution by the Warden of the Southern Ohio Correctional Facility or, in his absence, by the Deputy Warden on Tuesday, the 19th day of February, 2002, in accordance with the statutes so providing.

IT IS FURTHER ORDERED that a certified copy of this entry and a warrant under the seal of this court be duly certified to the Warden of the Southern Ohio Correctional Facility and that the Warden shall make due return thereof to the Clerk of the Court of Common Pleas of Hamilton County.

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Hamilton App. No. C-830676. On January 7, 2002, the United States Court of Appeals for the Sixth Circuit entered an order rescinding the stay of execution previously issued by that court in case No. 01-3927, In re John W. Byrd, Jr. On January 8, 2002, appellee filed with this court a motion to set execution date, and on January 10, 2002, appellant filed a memorandum opposing motion to set execution date.

Upon notice that the mandate in case No. 01-3927 has been issued by the United States Court of Appeals for the Sixth Circuit,

IT IS ORDERED by the court, sua sponte, that appellant’s sentence be carried into execution by the Warden of the Southern Ohio Correctional Facility or, in his absence, by the Deputy Warden on Tuesday, the 19th day of February, 2002, in accordance with the statutes so providing.

IT IS FURTHER ORDERED that a certified copy of this entry and a warrant under the seal of this court be duly certified to the Warden of the Southern Ohio Correctional Facility and that the Warden shall make due return thereof to the Clerk of the Court of Common Pleas of Hamilton County.

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Bluebook (online)

761 N.E.2d 41, 94 Ohio St. 3d 1423, 2002 Ohio LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-byrd-ohio-2002.