You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

State v. Hibbard

Citations: 99 Ohio St. 3d 1534; 795 N.E.2d 55Docket: 2003-1043

Court: Ohio Supreme Court; September 5, 2003; Ohio; State Supreme Court

Narrative Opinion Summary

Pending discretionary appeal in Butler App. Nos. CA2001-12-276 and CA2001-12-286 has been dismissed by the court due to the appellant's failure to file a memorandum in support of jurisdiction by the deadline of August 29, 2003, as required by the Supreme Court's Rules of Practice. The court determined that the appellant did not demonstrate the necessary diligence in prosecuting the case. Consequently, the court ordered the dismissal of the appeal, acting on its own accord.

Legal Issues Addressed

Court's Authority to Dismiss Sua Sponte

Application: The court exercised its authority to dismiss the appeal on its own initiative due to procedural failures by the appellant.

Reasoning: Consequently, the court ordered the dismissal of the appeal, acting on its own accord.

Dismissal of Appeal for Procedural Noncompliance

Application: The court dismissed the appeal because the appellant failed to file a required document by the specified deadline, demonstrating a lack of diligence in prosecution.

Reasoning: Pending discretionary appeal in Butler App. Nos. CA2001-12-276 and CA2001-12-286 has been dismissed by the court due to the appellant's failure to file a memorandum in support of jurisdiction by the deadline of August 29, 2003, as required by the Supreme Court's Rules of Practice.