Does Prior Objection by Defendant Shift Burden of Proving that Alternate’s Presence Affected Jury Verdict?
When Trial Court Allowed Alternate to Be in Jury Room During Deliberations State of Ohio/City of Oregon v. James R. Dounour, Case no. 2009-0886 6th District Court of Appeals (Lucas County) ISSUE: When the judge in a criminal trial allows an alternate juror to be present in the jury room during deliberations but instructs the alternate not to participate, the defendant enters an objection to the presence of the alternate before the jury retires, the jury subsequently returns a verdict adverse to the defendant, and the defendant moves for a new trial based on the presence of the alternate in the jury room, does the defendant bear the burden of proving that the alternate participated in deliberations or affected the jury’s verdict, or does the state bear the burden of proving that the alternate’s presence did not affect the jury’s deliberations or verdict? BACKGROUND: James Downour of Lucas County was charged with a misdemeanor count of driving under the influence of alcohol (DUI). His ca
