STATE v. CLINKSCALE

No. 2008-1012.

122 Ohio St.3d 351 (2009)

2009-Ohio-2746

The STATE OF OHIO, Appellee, v. CLINKSCALE, Appellant.

Supreme Court of Ohio.

Decided June 17, 2009.


Attorney(s) appearing for the Case

Ron O'Brien, Franklin County Prosecuting Attorney, and Steven L. Taylor, Assistant Prosecuting Attorney, for appellee.

William S. Lazarow, for appellant.


LANZINGER, J.

{¶ 1} The second trial of appellant, David B. Clinkscale, for a capital offense must be vacated and the case remanded to the trial court because a deliberating juror was replaced with an alternate juror in violation of former Crim.R. 24(G)(2) and because the trial court failed to make a record of the proceedings that resulted in the deliberating juror's dismissal and replacement.

I. Case Background

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