Saturday, March 6, 2010

If the Juror Can't Hear the Testimony, Well, We'll Just Have to Do It Over Again

The readers of Bad Lawyer know that I find an occasion or two to knock the Ohio Supremes particularly on issues relating to decisions involving their corporate campaign contributors; however, proving that even the stopped clock is right twice a day, they reversed a conviction of a defendant for the seemingly obvious reason that a juror was hearing-impaired and could not hear among other things, an audio tape offered into evidence against the defendant.

The decision in State v.Speer can be read at the link.  It's one thing to provide access for disabilities of all sorts, it's quite another to pack a man off to prison based on evidence that a juror is unable to process because of a disability. 

The Ohio defendant gets a new trial.

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