State v. Fuller (121 Ohio St. 3d 137, 2009)

{¶ 1} The discretionary appeal is accepted.

{¶ 2} The judgment of the court of appeals is reversed on the authority of Morgan v. Eads, 104 Ohio St.3d 142, 2004-0hio-6110, 818 N.E.2d 1157.

Moyer, C.J., and Lundberg Stratton, O’Connor, O’Donnell, and Cupp, JJ., concur.

Pfeifer and Lanzinger, JJ., dissent.