40 Ohio App. 2d 512 - State v. Stukey’s Empirical Analysis

Citation profile

1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the proper time to object to the qualifications of the last juror was at the impaneling of the jury, and it must be taken as waived unless the party is able to show to the court that with the exercise of reasonable diligence he could not have taken the *Page 20 exception at the proper time. Cottman v. Federman Co. , 71 Ohio App. 89 , at page 99, 47 N.E.2d 1009 ; 32 Ohio Jurisprudence 2d 642-643, Jury, Section 53. {¶ 85} "Where the record shows that the party complaining had a fair trial by an impartial jury, the provisions of R.C. 2313.39 may be waived by conduct of counsel. State ex rel. LeGere, v. Carros , 80 Ohio App. 65 , 74 N.E.2d 779 . {¶ 86} "The record does not contain anything that would indicate that the selection and summons of the last juror was contrary to statute. However, we feel that defendant was entitled to know how the three prospective jurors were selected and particularly who called them, and that the trial judge committed error in preventing defense counsel from obtaining such information. We further feel that defense counsel waived this error when he indicated that he was satisfied with the jury and proceeded with the trial, and that defendant had a fair trial with an impartial jury.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Mitchell, 05 Co 63 (3-19-2008)

2. “When it is necessary to summon talesmen, the court, on the motion of either party, shall select them, and immediately issue a venire for as many persons *Page 18 having the qualifications of a juror as, in the opinion of the court, are necessary, which persons shall appear forthwith, or at such times as fixed by the court. No person known to be in or about the courthouse shall be selected without the consent of both parties.”

   1 later decision quote this exact passage
   e.g. State v. Mitchell, 05 Co 63 (3-19-2008)

3. “When, by reason of challenge or other cause, enough jurors to make up the panel, either of the grand or petit jury, are not present, or if the array is set aside, the sheriff shall summon talesmen until the deficiency is made up.”

   1 later decision quote this exact passage
   e.g. State v. Mitchell, 05 Co 63 (3-19-2008)