State v. Davis (124 Ohio St. 3d 1442, 2010)

Licking App. No. 09-CA-0019, 2009-Ohio-5175. Discretionary appeal accepted on Proposition of Law No. I.

Moyer, C.J., and Lundberg Stratton and Lanzinger, JJ., would also accept the appeal on Proposition of Law No. II.

Pfeifer, O’Donnell, and Cupp, JJ., dissent.