State v. Finklea

Citations

• 2024 Ohio 5096

Syllabus

Mistrial; juror misconduct; abuse of discretion. The trial court did not abuse its discretion when it denied appellant's motion for a mistrial. The court did not find that there had been juror misconduct when one juror allegedly overheard another juror make a comment that she had already made her mind up about appellant's guilt or innocence but that person denied making the comment and the other jurors in her presence denied hearing the comment. Moreover, that juror was excused mid-trial for personal reasons and did not take part in deliberations. Therefore, appellant cannot show that any alleged statement materially affected his substantial rights.