Ohio Supreme Court April 14, 2010, 2010-0135 (State v. Smith)

Licking App. No. 09-CA-31, 2009-Ohio-6449. Discretionary appeal accepted on Proposition of Law No. II; cause held for the decision in 2009-1997, State v. Hodge, Hamilton App. No. C-080968; and briefing schedule stayed.

Pfeifer, J., would accept the appeal on all Propositions of Law.

Lanzinger, J., would accept the appeal on Proposition of Law No. I only.

Lundberg Stratton and O’Donnell, JJ.