State v. Laster
2013 Ohio 621
Ohio Ct. App.2013Background
- Laster was convicted of misdemeanor assault after a jury trial.
- She appealed alleging the absence of a full voir dire transcript prevented Batson review.
- A supplemental voir dire transcript was later filed, but Laster argued it remained incomplete.
- She claimed unrecorded sidebars excluded critical Batson-relevant information (peremptory vs. cause challenges).
- The trial court imposed a 180-day jail sentence with community control and court costs; some costs unpaid.
- Appellate review addressed whether missing sidebars require reversal and whether Batson issue could be pursued.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unrecorded voir dire sidebars require reversal. | Laster asserts Batson information was suppressed by missing sidebars. | State argues lack of record does not establish reversible error absent reconstruction. | No reversible error; record inadequate but repair options exist. |
| Whether the Batson challenge is viable on appeal given the record. | Laster maintains possible Batson violation cannot be assessed without complete voir dire. | State contends no Batson issue is shown by the record; appellant cannot prevail. | Batson issue not shown; cannot prevail on appeal. |
Key Cases Cited
- State v. Brown, 2010-Ohio-4391 (2d Dist. Clark No. 2009 CA 96) (reversal not required absent reconstruction under App.R. 9)
- State v. Mathers, 2002-Ohio-4117 (2d Dist. Clark No. 2000 CA 92) (reversal not required absent reconstruction under App.R. 9)
- State v. Goodwin, 84 Ohio St.3d 331 (1999) (unrecorded sidebars not reversible without request or reconstruction efforts)
- State v. Lewis, 2011-Ohio-1411 (2d Dist. Montgomery No. 23850) (procedure under App.R. 9 to cure missing portions of transcript)
- Batson v. Kentucky, 476 U.S. 79 (1986) (preclusive standard for racial discrimination in jury selection)