98-7 | Ohio | Apr 1, 1998

Cuyahoga App. No. 71479. (Appeal of state of Ohio; cross-appeal of Jack Dempsey.) The discretionary appeal is allowed; sua sponte, cause held for the decision in 97-1778, State v. Rush, Stark App. No. 96CA419; briefing schedule stayed.

Douglas, Resnick and F.E. Sweeney, JJ., dissent.

*1501The discretionary cross-appeal is denied.

Pfeifer, J., dissents.
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