State v. Byrd

Ohio Supreme Court February 9, 2001

State v. Byrd, 91 Ohio St. 3d 1435 (Ohio 2001)

742 N.E.2d 135; 2001 Ohio LEXIS 355

Consideration, Cook, Date, Pleas, Proceedings, Remand

Opinion of the Court

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.

Reference

Status: Published