State v. Waddy , 71 Ohio St. 3d 1418 ( 1994 )

On July 9,1992, this court stayed the execution of sentence in this cause pending a decision of the United States Supreme Court on appellant’s petition for writ of certiorari. On October 5,1994, appellee filed a motion to set execution date.

It appearing to the court that, on October 13,1992, the Supreme Court of the United States entered an order in No. 92-5531, Warren Waddy v. Ohio, which stated:

“On consideration of the petition for a writ of certiorari herein to the Supreme Court of Ohio, IT IS ORDERED by this Court that said petition be, and the same is hereby, denied.”

Upon consideration that the stay of execution of sentence granted by this court on July 9,1992, was conditioned upon final disposition of appellant’s petition to the Supreme Court of the United States, and it appearing to this court that the Supreme Court of the United States has rendered a final disposition of the petition,

IT IS ORDERED that the stay of execution is hereby terminated as of the date of this entry, December 5, 1994.

IT IS HEREBY ORDERED by this court that the sentence be carried into execution by the Warden of the Southern Ohio Correctional Facility or, in his absence, by the Deputy Warden on Monday, the 6th day of March, 1995, in accordance with the statutes so provided.

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 Franklin County.