State v. Moore (127 Ohio St. 3d 1487, 2010)

Cuyahoga App. No. 85828, 2010-Ohio-1569. Reported at 126 Ohio St.3d 1616, 2010-Ohio-5101, 935 N.E.2d 854. On motion for reconsideration. Motion denied.

Brown, C.J.,

dissents and would accept the appeal on Proposition of Law No. II and hold the cause for the decision in 2010-0659, State v. Estrada-Lopez, Butler App. No. CA2008-12-291, 186 Ohio App.3d 328, 2010-Ohio-732.

O’Donnell, J., dissents.

Cupp, J.,

dissents and would accept the appeal and hold the cause for the decision of the United States Supreme Court in Bullcoming v. New Mexico.