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Evidence Keyed to Sklansky
State v. Fisher
Citation:
789 N.E.2d 222 (Ohio 2003)Facts
The defendant was tried for felonious assault with a firearm. At the trial, the judge instructed the jurors to submit any questions they had in writing to the bailiff, whereupon the judge and the attorneys would review the questions in a sidebar conference. The trial judge would then determine whether the questions were admissible under the rules of evidence, and if they were, read the questions aloud to the witnesses.
Pursuant to this procedure, the jurors submitted 23 questions to 6-8 witnesses who testified. The trial court disallowed 5 questions on evidentiary grounds and rephrased 2 others. After reading a juror question, the trial court allowed the prosecution and defense counsel an opportunity to ask follow-up questions. The defense counsel objected to the general practice of allowing jurors to submit questions.
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11m 31s
