State v. Fisher

Ohio Supreme Court

State v. Fisher

763 N.E.2d 1183, 94 Ohio St. 3d 1484, 2002 Ohio LEXIS 526

Ohio Supreme Court·Decided March 4, 2002·No. 02-201·Published·Cited by 9 cases

Opinion

Franklin App. No. 01AP-614. On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated in the court of appeals’ Judgment Entry filed January 29, 2002:

“This case is before the court as the result of the filing of a motion to certify a conflict between ouiopinion issued December 20, 2001, and the now reported case of State v. Gilden (2001), 144 Ohio App.3d 69 [759 N.E.2d 468], We perceive a clear conflict and therefore certify the following issue:

“Is the practice of a trial court of allowing members of a jury to submit questions to the court and attorneys for possible submission to witnesses per se prejudicial to a criminal defendant?”

F.E. Sweeney, J., dissents.

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Franklin App. No. 01AP-614. On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated in the court of appeals’ Judgment Entry filed January 29, 2002:

“This case is before the court as the result of the filing of a motion to certify a conflict between ouiopinion issued December 20, 2001, and the now reported case of State v. Gilden (2001), 144 Ohio App.3d 69 [759 N.E.2d 468], We perceive a clear conflict and therefore certify the following issue:

“Is the practice of a trial court of allowing members of a jury to submit questions to the court and attorneys for possible submission to witnesses per se prejudicial to a criminal defendant?”

F.E. Sweeney, J., dissents.

State v. Fisher, 763 N.E.2d 1183, 94 Ohio St. 3d 1484, 2002 Ohio LEXIS 526 (Ohio 2002).

Pincite

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Opinion

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