State v. Bumgardner (119 Ohio St. 3d 1406, 2008)

Trumbull App. No. 2007-T-0106, 2008-Ohio-1778. On motion for leave to file delayed appeal. Motion fails for want of four votes.

Pfeifer, O’Donnell, and Lanzinger, JJ., would grant the motion.

Moyer, C.J., and Lundberg Stratton and Cupp, JJ., would deny the motion.

O’Connor, J., not participating.