
    2009-1994.
    State v. Throckmorton.
   Highland App. No. 08CA17, 2009-Ohio-5344. Discretionary appeal accepted on Proposition of Law No III; cause held for the decision in 2008-0711 and 2008-1005, State v. Joseph, Allen App. No. 1-07-50, 2008-Ohio-1138; and briefing schedule stayed.

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

O’Donnell, J., dissents.

Cupp, J., not participating.  