Opinion

State v. Hipkins

  • 69 Ohio St. 2d 80
  • 430 N.E.2d 943
Court
Ohio Supreme Court
Filed
Jan 27, 1982
Status
Published
Author
Holmes
On the bench
Brown, Celebrezze, Holmes, Krupansky, Locher, Sweeney
Cited by
69 cases

"[I]t is well settled that when a court has sustained objections to an inquiry during the examination in chief, a statement must be made as to what the expected answer would be in order that the reviewing court can determine whether or not the [ruling] is prejudicial."

How later courts described this case

  • "[I]t is well settled that when a court has sustained objections to an inquiry during the examination in chief, a statement must be made as to what the expected answer would be in order that the reviewing court can determine whether or not the [ruling] is prejudicial."
  • judgment will not be reversed because of juror misconduct unless prejudice is shown
  • juror had brief conversation with witness

Written by the judges who cited it.

The opinion

Holmes, J.,

concurring. I must concur in the judgment because all of the elements of a violation of R. C. 2921.34 were regrettably present in this case. However, I do so reluctantly for it is my sincere belief that this case presents an instance of prosecutorial overkill, a circumstance which should not be furthered by our law enforcement officials.

W. Brown, J., concurs in the foregoing concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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