State v. Reiner

89 Ohio St. 3d 342
CourtOhio Supreme Court
DecidedJuly 26, 2000
DocketNos. 99-239 and 99-427
StatusPublished
Cited by59 cases

This text of 89 Ohio St. 3d 342 (State v. Reiner) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Reiner, 89 Ohio St. 3d 342 (Ohio 2000).

Opinions

Lundberg Stratton, J.

The Lucas County Court of Appeals stated the certified conflict as “whether Evid.R. 606(B) permits, under any circumstances, inquiry of a juror as to the effect of extraneous information or improper outside [349]*349influence upon his or her decision making process.” The dissenting judge framed the same issue as follows: “[I]n a case of jury misconduct (statements, conversations or remarks made to a juror), once evidence aliunde of jury misconduct is provided, whether a court may inquire of a juror as to whether or not the juror remained uninfluenced by the misconduct (i.e., impartial) so that the defendant was not denied his substantial rights.” Because this latter statement more succinctly states the issue, we shall consider the certified conflict in the terms articulated by the dissenting judge.

The state’s discretionary appeal involves the related issues of burden of proof when there are allegations of juror misconduct in a criminal case, and whether an affidavit from an alternate juror constitutes outside evidence sufficient to trigger the application of Evid.R. 606(B), otherwise known as the aliunde rule.

The defendant’s cross-appeal challenges the validity of the transactional immunity granted to Susan Batt, the reliability of the opinions rendered by the state’s medical witnesses, the trial court’s failure to admit Dr. Patrick’s grand jury testimony for impeachment purposes, and Dr. Balraj’s expression of her medical opinion on causation.

For the reasons more fully set forth below, we reverse the judgment of the court of appeals as to juror misconduct and the grant of transactional immunity to Susan Batt, and we affirm the remainder of the court’s judgment.

JUROR MISCONDUCT

Because the certified conflict presumes the existence of aliunde evidence, before we may address this issue, we must decide the threshold question of whether Evid.R. 606(B), also known as the aliunde rule, applies to alternate jurors. For the reasons more fully set forth below, we hold that the prohibitions against receiving evidence from a juror in Evid.R. 606(B) apply to alternate jurors. Therefore, evidence received from an alternate juror, without other outside evidence, is insufficient aliunde evidence under Evid.R. 606(B) upon which a court may rely in order to conduct an inquiry of other jurors into the validity of a verdict.

It is a longstanding rule that “the verdict of a jury may not be impeached by the evidence of a member of the jury unless foundation for the introduction of such evidence is first laid by competent evidence aliunde, i.e., by evidence from some other source.” State v. Adams (1943), 141 Ohio St. 423, 427, 25 O.O. 570, 572, 48 N.E.2d 861, 863. Ohio has adopted this rule in Evid.R. 606(B), which states:

“Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury’s [350]*350deliberations or to the effect of anything upon his or any other juror’s mind or emotions as influencing him to assent to or dissent from the verdict or indictment or concerning his mental processes in connection therewith. A juror may testify on the question whether extraneous prejudicial information was improperly brought to the jury’s attention or whether any outside influence was improperly brought to bear on any juror, only after some outside evidence of that act or event has been presented. However a juror may testify without the presentation of any outside evidence concerning any threat, any bribe, any attempted threat or bribe, or any improprieties of any officer of the court. His affidavit or evidence of any statement by him concerning a matter about which he would be precluded from testifying will not be received for these purposes.” (Emphasis added.)

The rule is intended to preserve the integrity of the jury process and the privacy of deliberations, to protect the finality of the verdict, and to insulate jurors from harassment by dissatisfied or defeated parties by prohibiting a court from questioning a juror about what occurred during deliberations, or about anything else that may have affected the juror’s mind or emotions in the deliberations process once a final verdict is rendered. State v. Schiebel (1990), 55 Ohio St.3d 71, 75, 564 N.E.2d 54, 61; State v. Adams, 141 Ohio St. at 427, 25 O.O. at 572, 48 N.E.2d at 863. However, if there is a foundation of outside evidence of extraneous prejudicial information, or of any threat, bribe, or improper conduct by an officer of the court, the rule permits a court to ask a juror about that outside evidence.

The trial court determined that Rolf Sandberg’s affidavit was not competent evidence to attack the jury’s verdict under Evid.R. 606(B). The court reasoned that the intent of Evid.R. 606(B), to prevent an attack by a disgruntled juror, should likewise apply to an alternate juror.

The court of appeals reversed on the basis of State v. Rudge (1993), 89 Ohio App.3d 429, 624 N.E.2d 1069: The Rudge court considered an alternate juror to be outside the regular jury panel because an alternate does not participate in deliberations or in reaching the final verdict. Id., 89 Ohio App.3d at 437, 624 N.E.2d at 1074. In Rudge, after the trial was over, an alternate juror informed the bailiff that on two occasions he had overheard other jurors make statements about the defendant prior to opening statements and during the trial. The trial court conducted an in camera examination of the alternate juror, followed by an examination of the remaining jurors. The court granted a mistrial on the basis that one of the statements was prejudicial. The court of appeals noted that, as a nondeliberating juror, an alternate may not be viewed as a member of the jury, so that the alternate’s testimony may constitute aliunde evidence for purposes of Evid.R. 606(B). However, the Rudge court concluded that Evid.R. 606(B) was not applicable, because the trial court’s inquiry did not threaten or reveal [351]*351discussion during deliberations. The Rudge court considered it proper to inquire into the partiality of jurors to determine if the defendant had received a fair trial before an impartial jury, but not to inquire into deliberations. Id., 89 Ohio App.3d at 439, 624 N.E.2d at 1076. Based upon Rudge, the court of appeals held that Rolf Sandberg’s affidavit was sufficient outside evidence for the court to have inquired of the jurors about the alleged misconduct that occurred during the trial.

It is apparent from the language of Evid.R. 606(B) that the rule becomes applicable only when the validity of a verdict is questioned. Although Evid.R. 606(B) protects the deliberations process, the language of the rule does not limit its application to the examination of improper conduct or communications only during deliberations.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re A.W.
2022 Ohio 1553 (Ohio Court of Appeals, 2022)
State v. Steward
2019 Ohio 5258 (Ohio Court of Appeals, 2019)
State v. Ford (Slip Opinion)
2019 Ohio 4539 (Ohio Supreme Court, 2019)
State v. Turner
2014 Ohio 4678 (Ohio Court of Appeals, 2014)
State v. Linkous
2013 Ohio 5853 (Ohio Court of Appeals, 2013)
State v. Ferguson
2013 Ohio 4798 (Ohio Court of Appeals, 2013)
State v. Smith
2012 Ohio 2722 (Ohio Court of Appeals, 2012)
Cittadini v. Southwest Gen. Health Sys.
2011 Ohio 6464 (Ohio Court of Appeals, 2011)
Larson v. State
254 P.3d 1073 (Alaska Supreme Court, 2011)
State v. Annable
2011 Ohio 2029 (Ohio Court of Appeals, 2011)
Brown v. Spitzer Chevrolet Co.
910 N.E.2d 490 (Ohio Court of Appeals, 2009)
Grundy v. Dhillon
900 N.E.2d 153 (Ohio Supreme Court, 2008)
State v. Lee, 06ap-226 (4-3-2007)
2007 Ohio 1594 (Ohio Court of Appeals, 2007)
State v. Hairston, Unpublished Decision (9-25-2006)
2006 Ohio 4925 (Ohio Court of Appeals, 2006)
State v. Johnson, Unpublished Decision (1-19-2006)
2006 Ohio 209 (Ohio Court of Appeals, 2006)
State v. Parks, Unpublished Decision (8-2-2004)
2004 Ohio 4023 (Ohio Court of Appeals, 2004)
Larson v. State
79 P.3d 650 (Court of Appeals of Alaska, 2003)
State v. Gross
2002 Ohio 5524 (Ohio Supreme Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
89 Ohio St. 3d 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-reiner-ohio-2000.