STATE v. DOWNOUR

No. 2009-0886.

126 Ohio St.3d 508 (2010)

2010-Ohio-4503

THE STATE OF OHIO, Appellee, v. DOWNOUR, Appellant.

Supreme Court of Ohio.

Decided September 29, 2010.


Attorney(s) appearing for the Case

Tim A. Dugan , for appellee.

Dan Nathan and Jeff Goldstein , for appellant.

Timothy Young , Ohio Public Defender, and Claire R. Cahoon , Assistant Public Defender, urging reversal for amicus curiae, Ohio Public Defender.


PFEIFER, J.

Factual and Procedural Background

{¶ 1} James R. Downour was charged with operating a motor vehicle while under the influence of alcohol, in violation of Oregon Municipal Code 333.01(a)(1)(A). At the conclusion of a jury trial, Downour objected to the proposed jury instructions because the instructions permitted an alternate juror to be present in the jury room during deliberations. The judge overruled the objection...

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