Smallwood v. State 123 Ohio St. 3d 1505

Butler App. No. CA2009-02-057, 2009-Ohio-3682. On review of order certifying a conflict. The court determines that a conflict exists. Sua sponte, 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; cause consolidated with 2009-1525, Smallwood v. State, Butler App. No. CA2009-02-057, 2009-Ohio-3682; and briefing schedule stayed.