State v. Simko

Reported at 71 Ohio St.3d 483, 644 N.E.2d 310. On motion for reconsideration. The motion fails on the following vote:

Douglas, Resnick and F.E. Sweeney, JJ., would deny the motion. Moyer, C.J., Wright and Pfeifer, JJ., would grant the motion. Cook, J., not participating.