State v. Montiero

Young, Presiding Judge.

{¶ 1} Defendant-appellant, Luis Montiero, appeals the decision of the Butler County Area III Court denying his motion for a new trial.

{¶ 2} In August 2009, appellant was tried to a jury for operating a vehicle while intoxicated (“OVI”). During voir dire, prospective juror Aaron Engel stated that he was from Canada and had lived in the United States for 17 years. Later, in response to a question by defense counsel, Engel unequivocally stated that he was not a United States citizen. Neither defense counsel nor the state followed up on that revelation to determine whether…