State v. Fisher

789 N.E.2d 222 (Ohio 2003)

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Nature of the Case

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Facts

D was indicted for felonious assault with a firearm. Prior to the presentation of evidence, the trial court informed the jurors that they would be permitted to ask questions of the witnesses that testified at trial. Jurors were to submit their questions in writing to the bailiff, whereupon the judge and the attorneys would review the questions in a sidebar conference. The trial judge would then determine whether the questions were admissible under the rules of evidence and would read the admissible questions aloud to the witnesses. The jurors submitted 23 questions to six of the eight witnesses. The trial court allowed all but five questions on evidentiary grounds and rephrased two questions for clarification. The prosecution and defense counsel were given an opportunity to ask follow-up questions after the juror question was asked. D entered a continuing objection to the general practice of allowing jurors to submit questions. D was convicted and appealed. The court of appeals certified the following issue for determination: 'Is the practice of a trial court of allowing members of a jury to submit questions to the court and attorneys for possible submission to witnesses per se prejudicial to a criminal defendant?'