2007-Ohio-3699

State v. Tooley, 2007-Ohio-3698.

No. 2006-0105 and 2006-0216.Supreme Court of Ohio.
July 25, 2007.

MERIT DECISIONS WITH OPINIONS
Portage App. No. 2004-P-0064, 2005-Ohio-6709. Certified questions answered in the negative, judgment of the court of appeals reversed, and cause remanded to the trial court.

Moyer, C.J., Sadler, Pfeifer, O’Connor, O’Donnell and Lanzinger, JJ., concur.

Lundberg Stratton, J., concurs separately.

Lisa Sadler, J., of the Tenth Appellate District, was assigned to sit for Resnick, J., whose term ended on January 1, 2007.

Cupp, J., whose term began on January 2, 2007, did not participate in the consideration or decision of this case.

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