Garry v. Borger

Citations

• 2023 Ohio 905

Syllabus

JURY SELECTION — IMPEACHMENT OF WITNESS — REBUTTAL TESTIMONY — CUMULATIVE ERROR: The trial court did not abuse its discretion when it refused to excuse two jurors for cause, as the decision to remove a juror for cause is within the sound discretion of the trial court which determined that the prospective jurors could adequately fulfill their duties. Where the applicable requirements under the Rules of Evidence were not met because defendant was not questioned about his statement so he never denied making a statement, the trial court did not abuse its discretion in denying a rebuttal witness to impeach defendant's testimony. Where the case lacked numerous errors that deprived plaintiff of a fair trial, the plaintiff failed to establish cumulative error.