State v. Fittro , 65 Ohio St. 3d 1499 ( 1993 )

Cuyahoga County, No. 58227. This cause is pending before the court on the certification of conflict by the Court of Appeals for Cuyahoga County. Upon consideration of appellee’s motion for leave to file merit brief instanter,

IT IS ORDERED by the court that said motion for leave to file merit brief instanter be, and the same is hereby, denied, effective January 19, 1993.

Douglas, F.E. Sweeney and Pfeifer, JJ., dissent.