State v. Wallace

Citations

• 2021 Ohio 4612

Syllabus

Juror misconduct mistrial cumulative error doctrine harmless error. Trial court does not err in denying mistrial due to a juror expressing an opinion on the final question when the offending juror is removed and, after questioning the entire panel, it is determined that the remaining jurors are capable of proceeding without allowing the juror misconduct to affect their deliberations. The cumulative error doctrine applies to errors of the trial court. A party is charged with requesting a curative instruction when necessary. Failure to do so waives any error. Furthermore, where the complained of issues are a combination of minor issues that do not rise to the level of error and errors of admission that are cumulative, the admitted evidence is harmless.