Welcome to The Briefcase

Commentary and analysis of Ohio criminal law and whatever else comes to mind, served with a dash of snark.  Continue Reading »

×

May 18, 2006

Sort of a News of the Weird type item. You try a murder case in which the prosecution submits tissue sample slides of the victim. You go to grab a sandwich while the jury is deliberating, but hustle back to the courtroom when the bailiff calls and tells you the jury has a question. You're hoping it's something like a request to reread the instructions on reasonable doubt or the lesser included offenses, and not "Do we get to send this guy away for a really long time, or does the judge get all the fun?" When you get there, you find the jury wants a microscope brought into the deliberation room to allow them to view the slide evidence, because one of the jurors is a "trained and certified microbiologist."

The trial court says no, and the court in State v. Pudelski agrees that that's just a tad over the top in terms of the jury doing its own investigation.

I think I saw something like that on an episode of Quincy once.

Search

Recent Entries

  • October 16, 2017
    En banc on sentencing
    The 8th District takes a look at what State v. Marcum means
  • October 13, 2017
    Friday Roundup
    Musings about the death penalty and indigent defense
  • October 11, 2017
    Case Update
    SCOTUS starts its new term, and the Ohio Supreme Court hands down two decisions
  • October 10, 2017
    What's Up in the 8th
    Collaboration by inmates, fun in Juvenile Court, the limits of Creech, and more
  • October 5, 2017
    State v. Thomas
    The Ohio Supreme Court reverses a death penalty conviction
  • October 4, 2017
    Russ' Excellent Adventure
    A juror doesn't like me. Boo-hoo.
  • October 3, 2017
    What's Up in the 8th
    What not to argue on appeal, waiving counsel, the perils of being a juvenile, and expert witnesses
  • September 12, 2017
    What's Up in the 8th
    Prior consistent statements, whether State v. Hand is applied retroactively, and a big Coming Attraction
  • September 11, 2017
    Case Update
    Looking back at Melendez-Diaz, and the 8th goes 0 for 2 in the Supreme Court
  • September 8, 2017
    Friday Roundup
    Pro bono work, screwed-up appeals, and is Subway shorting their customers?