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State v. Fisher

Supreme Court of Ohio

789 N.E.2d 222 (Ohio 2003)

Relevant factsFree

Michael Fisher (defendant) was charged with assault. At trial, the judge allowed jurors to submit written questions for witnesses at specific approved times; counsel could object at sidebar before each question was asked, and the judge screened and sometimes reworded the questions. Of 23 submitted questions, the judge approved and asked 18, and counsel could ask follow-up questions afterward. Fisher was convicted and appealed, arguing that allowing jurors to question witnesses at all was an abuse of discretion.

IssueFree

Whether the questioning of witnesses by jurors is a matter within the trial judge's discretion only when proper safeguards are in place.

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