State v. McCrary, 2017 Ohio 8701

Appellant Jason McCrary was tried by jury and convicted of the murder of Timberly Claytor; indictment included firearm and repeat violent-offender specifications.
Key eyewitness: Jessica Lowry testified she saw McCrary shoot Claytor in/near his car after an argument; Lowry had drug use and credibility issues.
Forensic evidence: autopsy showed multiple close-range gunshot wounds to the head; DNA and blood evidence tied McCrary and the victim to the vehicle; bullet trajectories and blood spatter supported shots originating from the front/driver area.
McCrary’s defense: he testified a third party (“Dollar Bill”/Ernest Moore) shot Claytor from the back seat; two alleged passengers denied being present.
During jury deliberations Juror 23 sent a note saying she was upset and unable to continue; the court questioned her in open court, concluded she was physically unable to continue, discharged her, and replaced her with an alternate, then instructed the jury to restart deliberations.
McCrary appealed, arguing (1) the trial court abused discretion by removing Juror 23 (she was the only African-American juror and had previously held out in a felony case), and (2) the conviction was against the manifest weight of the evidence. The appellate court affirmed.

Issue	Plaintiff's Argument (State)	Defendant's Argument (McCrary)	Held
Whether removal and replacement of Juror 23 during deliberations violated defendant's rights	Court may remove a juror unable to perform duties; R.C. 2945.29 and Crim.R. 24(G)(1) permit replacement with an alternate and restarting deliberations	Removal was an abuse of discretion because Juror 23 was the only African‑American juror and had admitted previously holding out; counsel was not allowed sidebar or to question juror	No abuse or plain error: juror stated she was physically unable to continue; court followed rule, questioned juror on record, replaced with alternate and restarted deliberations; no shown prejudice
Whether the guilty verdict was against the manifest weight of the evidence	State urged jury verdict supported by eyewitness testimony plus substantial forensic and DNA evidence linking McCrary and victim to the car and showing close‑range shots from the driver/front area	McCrary argued Lowry was incredible, other alleged witnesses denied presence, weapon never recovered, and an alternate shooter (Moore) fits facts	Not against the manifest weight: jury credibility determinations sustained by forensic evidence (trajectories, blood spatter, DNA, autopsy) which provided a rational basis for finding McCrary shot the victim

Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (appellate deference to trial court fact-finding and credibility determinations)
In re Jane Doe 1, 57 Ohio St.3d 135 (Ohio 1991) (abuse-of-discretion standard and deference to trial court)
State v. Owens, 112 Ohio App.3d 334 (Ohio Ct. App. 1996) (trial court not required to allow counsel to question a reportedly disabled juror before removal)
State v. Shields, 15 Ohio App.3d 112 (Ohio Ct. App. 1984) (under statutes/rules court may remove disabled juror without counsel examination)
State v. Hopkins, 27 Ohio App.3d 196 (Ohio Ct. App. 1985) (whether juror can perform duty lies within trial court discretion)
Thompkins v. Ohio, 78 Ohio St.3d 380 (Ohio 1997) (standard for manifest-weight review)
Eastley v. Volkman, 132 Ohio St.3d 328 (Ohio 2012) (framework for weighing evidence and deference to jury credibility)
United States v. Spiegel, 604 F.2d 961 (5th Cir. 1979) (juror ability-to-serve is committed to trial court discretion)