· 4/15/2024
State v. Golga
Citations
- 239 N.E.3d 1165
- 2024 Ohio 1410
Syllabus
sufficiency, R.C. 2917.21, telecommunications harassment, purpose, intent, R.C. 2901.22
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that in a habeas case, the district court makes “no credibility determination or other apparent finding of fact” when its decision is based on the transcript of the petitioner’s state-court trial (internal quotation marks omitted)
- explaining that in determining whether the trial court erred in denying the defendant’s for-cause challenges, this Court had to ask whether a juror’s protestations of impartiality could be believed, and whether the juror swore that she could decide the case on the evidence
- granting postconviction relief and reversing murder conviction due to presence of biased jurors because \[f]ailure to remove biased jurors taints the entire trial\
- finding abuse of discretion where district judge accepted a juror’s assertion of impartiality when the juror had a close relationship with the victim’s family and had spoken to the victim’s family about the crime
- “In the absence of an affirmative and believable statement that [individual] jurors could set aside their opinions and decide the case on the evidence and in accordance with the law, the failure to dismiss them was unreasonable.” (emphasis added)
- \A court's refusal to excuse a juror will not be upheld `simply because the court ultimately elicits from the prospective juror a promise that he will be fair and impartial . . . .'\ (quoting Kirk v. Raymark Indus., Inc., 61 F.3d 147, 156 (3d Cir. 1995)
Source: CourtListener parenthetical corpus (CC0).
Judges: Hensal
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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