Lake App. No. 2008-L-056, 2009-Ohio-4449. Reported at 123 Ohio St.3d 1525, 2009-Ohio-6487, 918 N.E.2d 526. On motion for reconsideration. Motion granted to the following extent: Discretionary appeal accepted; cause held for the decision in 2008-2502, State v. Bodyke, H-07-040, H-07-041, and H-07-042, 2008-Ohio-6387; and briefing schedule stayed.
Moyer, C.J., and O’Connor and Lanzinger, JJ., dissent.