Ohio Supreme Court, 1996

State v. Brooks

State v. Brooks
Ohio Supreme Court · Decided April 16, 1996
75 Ohio St. 3d 1445; 663 N.E.2d 327

State v. Brooks

Opinion of the Court

Cuyahoga County, No. 48914. On November 9, 1987, this court granted a stay of execution in this cause pending exhaustion of all proceedings for post-conviction relief before the courts of this state. On April 5,1996, appellee filed a motion to set an execution date on the ground that all possible appeals have been exhausted. Appellant filed a motion in opposition to the motion to set an execution date, requesting that the stay of execution continue on the ground that appellant’s post-conviction petition remains pending in the trial court. It appears from the records of this court that appellant has filed a petition for post-conviction relief, case No. CR-172340, that remains pending in the Court of Common Pleas of Cuyahoga County. Upon consideration thereof,

*1446IT IS ORDERED by the court that appellee’s motion to set execution date be, and hereby is, denied, effective April 15,1996.

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