Ohio Revised Code Search
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Section 2945.26 | Challenge for cause.
...llenges for cause shall be tried by the court on the oath of the person challenged, or other evidence, and shall be made before the jury is sworn. |
Section 2945.27 | Challenges for cause to be made before jury sworn.
...The judge of the trial court shall examine the prospective jurors under oath or upon affirmation as to their qualifications to serve as fair and impartial jurors, but he shall permit reasonable examination of such jurors by the prosecuting attorney and by the defendant or his counsel. |
Section 2945.28 | Form of oath to jury.
...ng oath to be administered by the trial court or the clerk of the court of common pleas, and the jurors shall respond to the oath "I do swear" or "I do affirm": "Do you swear or affirm that you will diligently inquire into and carefully deliberate all matters between the State of Ohio and the defendant (giving the defendant's name)? Do you swear or affirm you will do this to the best of your skill and understanding, ... |
Section 2945.29 | Jurors becoming unable to perform duties.
...ason is unable to perform his duty, the court may order him to be discharged. In that case, if alternate jurors have been selected, one of them shall be designated to take the place of the juror so discharged. If, after all alternate jurors have been made regular jurors, a juror becomes too incapacitated to perform his duty, and has been discharged by the court, a new juror may be sworn and the trial begin anew, or ... |
Section 2945.30 | Medical attendance of juror.
...before the conclusion of the trial, the court may order that such juror receive medical attendance and shall order the payment of a reasonable charge for such medical attendance out of the judiciary fund. |
Section 2945.31 | Separation of jurors.
... before or after the jury is sworn, the court may order the jurors to be kept in charge of proper officers, or they may be permitted to separate during the trial. If the jurors are kept in charge of officers of the court, proper arrangements shall be made for their care, maintenance, and comfort, under the orders and direction of the court. In case of necessity the court may permit temporary separation of the jurors. |
Section 2945.32 | Oath to officers if jury sequestered.
...When an order has been entered by the court of common pleas in any criminal cause, directing the jurors to be kept in charge of the officers of the court, the following oath shall be administered by the clerk of the court of common pleas to said officers: "You do solemnly swear that you will, to the best of your ability, keep the persons sworn as jurors on this trial, from separating from each other; that you will no... |
Section 2945.33 | Supervision of jury after case submitted to them.
...pon a verdict, or are discharged by the court. The court, except in cases where the offense charged may be punishable by death, may permit the jurors to separate during the adjournment of court overnight, under proper cautions, or under supervision of an officer. Such officer shall not permit a communication to be made to them, nor make any himself except to ask if they have agreed upon a verdict, unless he does so b... |
Section 2945.34 | Admonition if jurors separate during trial.
... trial, they shall be admonished by the court not to converse with, nor permit themselves to be addressed by any person, nor to listen to any conversation on the subject of the trial, nor form or express any opinion thereon, until the case is finally submitted to them. |
Section 2945.35 | Papers the jury may take.
...ion, the jury, at the discretion of the court, may take with it all papers except depositions, and all articles, photographs, and maps which have been offered in evidence. No article or paper identified but not admitted in evidence shall be taken by the jury upon its retirement. |
Section 2945.36 | For what cause jury may be discharged.
...The trial court may discharge a jury without prejudice to the prosecution: (A) For the sickness or corruption of a juror or other accident or calamity; (B) Because there is no probability of such jurors agreeing; (C) If it appears after the jury has been sworn that one of the jurors is a witness in the case; (D) By the consent of the prosecuting attorney and the defendant. The reason for such discharge shall be ... |
Section 2945.37 | Competency to stand trial definitions - hearing.
... (H) Municipal courts shall follow the procedures set forth in sections 2945.37 to 2945.402 of the Revised Code. Except as provided in section 2945.371 of the Revised Code, a municipal court shall not order an evaluation of the defendant's competence to stand trial or the defendant's mental condition at the time of the commission of the offense to be conducted at any hospital operated by the department of mental hea... |
Section 2945.371 | Evaluations and reports of the defendant's mental condition.
...f not guilty by reason of insanity, the court may order one or more evaluations of the defendant's present mental condition or, in the case of a plea of not guilty by reason of insanity, of the defendant's mental condition at the time of the offense charged. An examiner shall conduct the evaluation and the evaluation may be conducted through electronic means. (B) If the court orders more than one evaluation under d... |
Section 2945.38 | Competence to stand trial.
... affidavit in the probate court for the civil commitment of the defendant pursuant to Chapter 5122. or 5123. of the Revised Code alleging that the defendant is a person with a mental illness subject to court order or a person with an intellectual disability subject to institutionalization by court order. If an affidavit is filed in the probate court, the trial court shall send to the probate court copies of all writt... |
Section 2945.39 | Expiration of the maximum time for treatment for incompetency.
... file an affidavit in probate court for civil commitment of the defendant in the manner provided in Chapter 5122. or 5123. of the Revised Code. If the court or prosecutor files an affidavit for civil commitment, the court may detain the defendant for ten days pending civil commitment. If the probate court commits the defendant subsequent to the court's or prosecutor's filing of an affidavit for civil commitment, the ... |
Section 2945.391 | Not guilty by reason of insanity finding.
...For purposes of sections 2945.371, 2945.40, 2945.401, and 2945.402 and Chapters 5122. and 5123. of the Revised Code, a person is "not guilty by reason of insanity" relative to a charge of an offense only as described in division (A)(14) of section 2901.01 of the Revised Code. Proof that a person's reason, at the time of the commission of an offense, was so impaired that the person did not have the ability to refrain ... |
Section 2945.392 | Expert testimony of the battered woman syndrome.
...on shall be in accordance with the Ohio Rules of Evidence. |
Section 2945.401 | Incompetency finding or insanity acquittal continuing jurisdiction of court.
...e at the hearing in accordance with the Rules of Evidence. (d) The trial court shall schedule the hearing on a department's designee's recommendation for nonsecured status or termination of commitment and shall give reasonable notice to the prosecutor and the counsel for the defendant or person. Unless continued for independent evaluation at the prosecutor's request or for other good cause, the hearing shall be hel... |
Section 2945.402 | Conditional release.
...oving a conditional release, the trial court may set any conditions on the release with respect to the treatment, evaluation, counseling, or control of the defendant or person that the court considers necessary to protect the public safety and the welfare of the defendant or person. The trial court may revoke a defendant's or person's conditional release and order reinstatement of the previous placement or rein... |
Section 2945.41 | Rules applicable in criminal cases.
...The rules of evidence in civil causes, where applicable, govern in all criminal causes. |
Section 2945.42 | Competency of witnesses.
...No person is disqualified as a witness in a criminal prosecution by reason of the person's interest in the prosecution as a party or otherwise or by reason of the person's conviction of crime. Husband and wife are competent witnesses to testify in behalf of each other in all criminal prosecutions and to testify against each other in all actions, prosecutions, and proceedings for personal injury of either by the other... |
Section 2945.43 | Defendant may testify.
...son to testify may be considered by the court and jury and may be made the subject of comment by counsel. |
Section 2945.44 | Witnesses turning state's evidence.
...vilege against self-incrimination, the court of common pleas of the county in which the proceeding is being held, unless it finds that to do so would not further the administration of justice, shall compel the witness to answer or produce the information, if both of the following apply: (1) The prosecuting attorney of the county in which the proceedings are being held makes a written request to the court of c... |
Section 2945.45 | Subpoenas to issue to any county.
...In all criminal cases, the clerk of the court of common pleas, upon a praecipe being filed, shall issue writs of subpoena for the witnesses names therein, directed to the sheriff of such county, or the county where such witnesses reside or are found, which shall be served and returned as in other cases. Such sheriff, by writing indorsed on the writs, may depute a disinterested person to serve and return them. The per... |
Section 2945.451 | Employer may not penalize employee for being subpoenaed to criminal proceeding.
...violates this section is in contempt of court. |