State v. Brooks , 75 Ohio St. 3d 1445 ( 1996 )

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,

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