The Ohio Supreme Court has rejected an appeal from a death row inmate who argued that his sentence should be thrown out because the jury was denied smoke breaks. Phillip E. Elmore's attorneys had argued that the judge's denial made the jury antsy and overly eager to finish the case. In a 7-0 opinion, Justice Evelyn Lundberg Stratton wrote there was only one smoker on the jury, which took six hours to convict Elmore of aggravated murder and three hours to recommend his execution.
December 14, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The Ohio Supreme Court on Wednesday rejected an appeal from a death row inmate who argued that his sentence should be thrown out because the jury was denied smoke breaks.
Phillip E. Elmore’s attorneys had argued that the judge’s refusal to let jurors smoke amid deliberations made the jury antsy and overly eager to finish the case.
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