 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Davis9/12/2003
y any contacts upon leaving the courthouse. The judge also ascertained that the jurors were willing to continue deliberating that evening. After the jurors agreed to continue, they were re-instructed on Count VIII. They also received a verdict form that correctly asked if Davis were guilty of involuntary manslaughter as a proximate result of committing the offense of having weapons under disability. Following a very brief deliberation, the jury returned the verdict form, finding Davis guilty, as charged, on Count VIII. Subsequently, the judge, over defense objection, asked the jury if this was the verdict they had originally intended to return on Count VIII. After the jury responded affirmatively, the court again stressed that the earlier verdict had contained a "typographical" error. The court then asked the jury to affirm a second time that this was the verdict it had originally intended to return, but for the typographical error. Following the jury's second affirmative response, the court accepted the verdict and discharged the jury.
. Before addressing the substantive issues, we should note that the defective verdict form signed by the jury was not made part of the record. In addition, the record does not reveal what happened to the first, incorrect verdict form for Count VIII, which was read during the trial court's original instructions. The record also does not contain any explanation of how the jury received a second verdict form for Count VIII that was different from the first verdict form, yet was also defective.
. Turning to the merits of the argument, we find that the defect in the verdict was not merely typographical or one of "form." A verdict is:
. "defective in form when the language or expression used is imperfect or wanting to correctly express the real intention of the jury, and may be corrected by the jury or by the court with the consent of the jury when or in cases where it can be done without affecting the issues raised by the pleadings or presented by the evidence. A verdict is defective in substance if it is wanting in some real or essential part or element and does not correspond to the issues raised by the pleadings; and the language `defective in substance' may be said to be opposed to or opposite to form or defective in form." Barnes v. Prince (1974), 41 Ohio App.2d 244, 245 (citation omitted).
. Under this standard, the verdict form that the jury originally signed was not simply imperfect in language. To the contrary, it was inconsistent with the instructions given to the jury, did not correspond to the issues raised in the case, and was also inconsistent with the verdict form read to the jury during the charge. However, even if the defect had been only one of form, the trial court erred in allowing the jury to deliberate after discharge. Specifically, a trial court cannot recall a jury to alter or amend its verdict once the jury has been discharged and has separated. See Sargent v. State (1842), 11 Ohio 472, 473; Helmerking v. State (5th Dis. Ct. 1852), 1 Ohio Dec. Rep. 444; and State v. Williams (Nov. 29, 1984), Cuyahoga App. No. 48209, 1984 WL 6221.
. The State argues that Davis has waived any error other than plain error, because he failed to object to the court's charge, and also failed to object when the verdict for Count VIII was read in court. According to the State, the error was not "plain" because the Ohio Criminal Rules and Rules of Civil Procedure do not provide a definitive answer on what procedure is to be followed in situations like the present. The State further claims that the error was not "outcome-determinative" because the trial court assured itself before re-instructing the jury that none of the juror
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Ohio DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|