State v. Buckhalter

Citations

• 2024 Ohio 1986

Syllabus

R.C. 2945.28 absence of affirmative statement jury sworn in transcript withdrawal of question during witness examination. Defendant was convicted of murder and felonious assault at a jury trial. Defendant argued on appeal that the transcript of proceedings did not indicate the jury was sworn pursuant to R.C. 2945.28. The absence in the transcript of an affirmative statement that the jury was sworn is not conclusive evidence the jury was not sworn. The appellate court found that defendant did not show error occurred where the trial court's journal indicated the jurors were sworn, the trial court reminded the jury of its sworn duty in its instructions, and the jurors signed the verdict forms indicating they were duly impaneled and sworn. Defendant was arrested after fleeing police. During trial, defense counsel asked a police officer if defendant had any outstanding arrest warrants. The state objected, and after sidebar discussion, defendant's counsel withdrew the question. Defendant argued that the trial court impermissibly prevented the introduction of evidence of warrants. However, defendant could not complain of error where trial counsel withdrew the objection and the trial court did not prevent him from introducing evidence regarding outstanding warrants.