Ohio Revised Code

Ohio Rev. Code § 2945.36 (2026)

For what cause jury may be discharged

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The trial court may discharge a jury without prejudice to the prosecution:

(A) For the sickness or corruption of a juror or other accident or calamity;

(B) Because there is no probability of such jurors agreeing;

(C) If it appears after the jury has been sworn that one of the jurors is a witness in the case;

(D) By the consent of the prosecuting attorney and the defendant.

The reason for such discharge shall be entered on the journal.

Notes of Decisions
Cited in 25 cases (5 in the last 5 years), 1960–2024 · leading case: Ross v. Petro, 515 F.3d 653 (6th Cir. 2008).
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Ross v. Petro, 515 F.3d 653 (6th Cir. 2008). · cites it 5× “[2] Ohio Rev.Code § 2945.36 provides: The trial court may discharge a jury without prejudice to the prosecution: (A) For the sickness or corruption of a juror or other accident or calamity; (B) Because there is no probability of such jurors agreeing; (C) If it appears after the…”
State v. Morgan, 719 N.E.2d 102 (Ohio Ct. App. 8th Dist. 1998). · cites it 4× “” I In his first assignment of error, appellant contends that the trial court erred in denying his motion to dismiss on double jeopardy grounds because the trial court did not state with specificity its reasons for declaring a mistrial, as required by R.C. 2945.36. Thus, upon…”
Ross v. Petro, 382 F. Supp. 2d 967 (N.D. Ohio 2005). · cites it 4× “Ohio Rev.Code § 2945.36 provides: The trial court may discharge a jury without prejudice to the prosecution: (A) For the sickness or corruption of a juror or other accident or calamity; (B) Because there is no probability of such jurors agreeing; (C) If it appears after the jury…”
State v. Sabbah, 468 N.E.2d 718 (Ohio Ct. App. 6th Dist. 1982). · cites it 2× “” * * * R.C. 2945.36 sets forth four grounds upon which to discharge a jury in a criminal case.”
State v. Carter, 2019-Ohio-1749. · cites it 3× “3d 33, ¶ 8 (holding that a challenge to compliance with R.C. 2945.36 is forfeited by the failure to object before retrial on the charges); Beer, 54 Ohio St.”
State ex rel. Bevins v. Cooper, 2014-Ohio-544, 6 N.E.3d 33. · cites it 3× “{¶ 4} In this case, Bevins asked the court of appeals to issue a writ ordering immediate release or a new trial, alleging that the 2005 retrial was “jurisdictionally unauthorized” because in 2003 the trial court had discharged the jury without stating the reasons for the…”
State v. Scott, 497 N.E.2d 55 (Ohio 1986). “The court overruled the joint motion for mistrial, but administered a lengthy cautionary instruction to the prospective jurors stressing that their judgment must be based solely upon the evidence adduced at trial.”
State v. Green, 2013-Ohio-893. · cites it 6× “He thus contends that the court erred in failing to set forth the reasons for the discharge as required by R.C. 2945.36. {¶11} This statute provides that the trial court may discharge a jury without prejudice to the prosecution for various reasons listed therein.”
State v. Morant, 2021-Ohio-3160. “17(A) (right to be tried by jury), R.C. 2945.36 (reasons for discharge of jury), and R.”
State v. Rowe, 637 N.E.2d 29 (Ohio Ct. App. 10th Dist. 1993). “The decision whether to declare a mistrial and discharge the jury, pursuant to R.C. 2945.36, is within the sound discretion of the trial court.”
State v. Ross, 2014-Ohio-2867. “See R.C. 2945.36(A) (jury may be discharged without prejudice to the State due to “corruption of a juror”).”
State v. Edwards, 2023-Ohio-4173, 229 N.E.3d 642. “at ¶ 16; R.C. 2945.36(G). A defendant is rebuttably presumed competent to stand trial or plead guilty when he "has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding [and] has a rational as well as factual understanding of…”
Show all 25 citing cases →
Ohio Rev. Code § 2945.36(A): 8 cases
Ross v. Petro, 515 F.3d 653 (6th Cir. 2008). “[2] Ohio Rev.Code § 2945.36 provides: The trial court may discharge a jury without prejudice to the prosecution: (A) For the sickness or corruption of a juror or other accident or calamity; (B) Because there is no probability of such jurors agreeing; (C) If it appears after the…”
Ross v. Petro, 382 F. Supp. 2d 967 (N.D. Ohio 2005). “Ohio Rev.Code § 2945.36 provides: The trial court may discharge a jury without prejudice to the prosecution: (A) For the sickness or corruption of a juror or other accident or calamity; (B) Because there is no probability of such jurors agreeing; (C) If it appears after the jury…”
State v. Ross, 2014-Ohio-2867. “See R.C. 2945.36(A) (jury may be discharged without prejudice to the State due to “corruption of a juror”).”
State v. Ross, 94 Ohio St. 3d 1221 (2001).
State v. Green, 2013-Ohio-893. “He thus contends that the court erred in failing to set forth the reasons for the discharge as required by R.C. 2945.36. {¶11} This statute provides that the trial court may discharge a jury without prejudice to the prosecution for various reasons listed therein.”
Ohio Rev. Code § 2945.36(B): 4 cases
State v. Carter, 2019-Ohio-1749. “3d 33, ¶ 8 (holding that a challenge to compliance with R.C. 2945.36 is forfeited by the failure to object before retrial on the charges); Beer, 54 Ohio St.”
State ex rel. Bevins v. Cooper, 2014-Ohio-544, 6 N.E.3d 33. “{¶ 4} In this case, Bevins asked the court of appeals to issue a writ ordering immediate release or a new trial, alleging that the 2005 retrial was “jurisdictionally unauthorized” because in 2003 the trial court had discharged the jury without stating the reasons for the…”
Carter v. Chillicothe Corr. Inst., No. 1:19-cv-00823 (S.D. Ohio Mar. 8, 2021).
State v. Spivey, 2024-Ohio-4492.
Ohio Rev. Code § 2945.36(D): 2 cases
State v. Scott, 497 N.E.2d 55 (Ohio 1986). “The court overruled the joint motion for mistrial, but administered a lengthy cautionary instruction to the prospective jurors stressing that their judgment must be based solely upon the evidence adduced at trial.”
State v. Green, 2013-Ohio-893. “He thus contends that the court erred in failing to set forth the reasons for the discharge as required by R.C. 2945.36. {¶11} This statute provides that the trial court may discharge a jury without prejudice to the prosecution for various reasons listed therein.”
Ohio Rev. Code § 2945.36(G): 1 case
State v. Edwards, 2023-Ohio-4173, 229 N.E.3d 642. “at ¶ 16; R.C. 2945.36(G). A defendant is rebuttably presumed competent to stand trial or plead guilty when he "has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding [and] has a rational as well as factual understanding of…”
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