The opinion
Cook, J.,
concurring in judgment. I concur in judgment based on the reasoning set forth in my dissenting opinion in Littrell v. Wigglesworth (2001), 91 Ohio St.3d 425 , 746 N.E.2d 1077 , and in my opinion concurring in part and dissenting in part in Clark v. Scarpelli (2001), 91 Ohio St.3d 271 , 744 N.E.2d 719 .
Moyer, C.J., and Lundberg Stratton, J., concur in the foregoing opinion.