State v. Ostermeyer

Citations

• 2021 Ohio 3781

Syllabus

After mistakenly seating two alternate jurors in place of two original jurors, the trial court's curative instruction to the second, properly impaneled jury to begin deliberations anew was effective and sufficient to ensure appellant's constitutional right to a trial by jury was not violated. The evidence presented at trial, including appellant's statements that no one else could have caused the child's injuries, appellant's statements to police about his prior conduct with the child, and the testimony of four doctors was sufficient to prove appellant's guilt beyond a reasonable doubt and his conviction was not against the weight of that evidence.