State v. Castellon, 2014 Ohio 166

Castellon convicted in Butler County Court of Common Pleas of one count domestic violence; acquitted on intimidation.
Charged on a two-count indictment: domestic violence under R.C. 2919.25(A) and intimidation under R.C. 2921.04(B).
Trial began Feb 25, 2013; testimony from four witnesses (Rodriguez, Murphy, Officers Hucke and Thacker) concluded on first day.
Trial court scheduled a one-day continuance due to a judge's scheduling conflict; trial resumed Feb 27, 2013.
Jury found Castellon guilty of domestic violence and acquitted intimidation; sentenced to 18 months; Castellon appeals asserting denial of jury access to transcripts.
During deliberations, the jury requested transcripts/statements; court denied and instructed jury to rely on notes and memory; no objection by defense.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether denial of jury access to transcripts was error	Castellon argues transcripts should have been provided	Appellant argues one-day delay prejudiced memory	No reversible error; no abuse of discretion; no plain error; decision affirmed.

State v. Weaver, 2009-Ohio-5923 (12th Dist. Butler No. CA2009-01-022 (2009)) (trial court may deny jury rehearing of testimony during deliberations)
State v. Carter, 72 Ohio St.3d 545 (1995) (abuse of discretion standard; plain error review limitations)
State v. Cox, 2006-Ohio-6075 (12th Dist. Butler No. CA2005-12-513 (2006)) (abuse of discretion review and jury deliberation process)
State v. Hancock, 108 Ohio St.3d 57 (2006) (plain error principles; substantial rights not shown)
State v. Majid, 2012-Ohio-1192 (8th Dist. Cuyahoga No. 96855 (2012)) (non-mandatory transcript provision; caution in reversible error analysis)
State v. Leonard, 104 Ohio St.3d 54 (2004-Ohio-6235) (recollection and use of prior testimony may be limited by context)
State v. Weaver, 12th Dist. Butler No. CA2009-01-022 (2009-Ohio-5923) (discretion on providing transcript evidence to jury)