Montgomery App. Nos. 23063 and 23064, 2009-Ohio-5395. Discretionary appeal accepted on Proposition of Law No. I; cause held for the decision in 2008-2502, State v. Bodyke, Huron App. Nos. H-07-040, H-07-041, and H-07-042, 2008-Ohio-6387; and briefing schedule stayed.
Moyer, C.J., and Lanzinger, J., would also accept the appeal on Proposition of Law No. II without holding.
Pfeifer and Cupp, JJ., dissent.