An Ohio Court of Appeals recently ruled that it is an abuse of discretion for the trial court to refuse to remove a hearing impaired juror for cause. In Ohio v. Speer, the unanimous court held, "[i]f any doubt exists that a juror can adequately and completely perceive and evaluate all the evidence, whether because of a physical impairment, mental capabilities, or other reason that would interfere with the performance of a juror's duties, the trial court must excuse that juror for cause." This ruling appears to be in direct contrast to the growing trend of allowing hearing impaired individuals to serve as jurors.
Hearing no Problem for Deaf Juror
After 6 Years, Deaf Juror Takes Her Place
Significant Cases Involving Hearing Impaired Jurors
U.S. v. Dempsey 830 F.2d 1084 (10th Cir. 1987)
Upheld the right of the interpreter, under oath, to interpret in jury deliberations. Hearing Impaired person was the jury foreperson.
State v. Marcham 770 P.2d 356, (Ariz. 1988)
Permitted Hearing Impaired woman to serve on jury
State v. Guzman 555 N.E.2d 259 (NY 1990)
Court instructed jury members and gave oath to interpreter before going into the jury room for deliberations
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