Muskingum App. No. CT2008-0067, 2009-Ohio-2690. Discretionary appeal accepted on Proposition of Law No. II; cause held for the decision in 2008-2127 and 2008-2249, State v. Rohrbaugh, Logan App. No. 8-07-28, 178 Ohio App.3d 211, 2008-Ohio-4781; and briefing schedule stayed.
Pfeifer and O’Donnell, JJ., dissent.