Ohio Trial Attorney Tip; What Causes a Mistrial?
Charles is a frequent speaker and a prolific writer on all matters related to OVI / DUI defense.
Charles Rowland has been a trial attorney in Ohio since 1995
CONDUCT THAT MAY LEAD TO A MISTRIAL IN OHIO
- BY THE PROSECUTOR
- Badgering and harassing the defendant or one of the defendant’s witnesses
- Referring to inadmissible evidence
- Forcing the defense to continually object to irrelevant evidence
- Uncorrected misstatements of law
- Discovery violations, including violations of the continuing obligation to disclose information, if so provided by state law.
- BY THE JUDGE
- Prejudicial statements
- Reference to or mention of inadmissible evidence
- Stating the judge’s own opinion so as to invade the province of the jury
- Asking questions and making objections for one side so as to invade the province of the attorneys
- Ex parte communication with a juror
- BY THE JURY
- The consideration of extraneous evidence
- Accepting bribes
- Talking to witnesses or parties
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