Highland App. No. 08CA17, 2009-Ohio-5344. Discretionary appeal accepted on Proposition of Law No III; cause held for the decision in 2008-0711 and 2008-1005, State v. Joseph, Allen App. No. 1-07-50, 2008-Ohio-1138; and briefing schedule stayed.
Moyer, C.J., and Pfeifer, J., would accept the appeal on all Propositions of Law.O’Donnell, J., dissents.Cupp, J., not participating.
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