State v. Barber

Citations

• 2021 Ohio 1506

Syllabus

Crim.R. 16 – EVIDENCE/WITNESS/TRIAL – JUROR MISCONDUCT – JUDICIAL NOTICE: Although the state's witness nondisclosure certification under Crim.R. 16(D) was not sufficiently case-specific, defendant could not show that he was materially prejudiced. Testimony by a detective that purported to interpret video evidence did not warrant a mistrial because the trial court took immediate steps to blunt potential prejudice. The trial court did not abuse its direction in denying a mistrial for juror misconduct because the court dismissed the offending juror and appropriately investigated the misconduct. The trial court did not commit plain error by taking judicial notice of the date of a Facebook post because the primary value of the evidence was the post itself.