State v. Dute, Unpublished Decision (5-30-2003)

{¶ 44} Because I am convinced that the trial court did not abuse its discretion in excluding from evidence the allegedly comparable materials or in refusing to grant a mistrial following juror exposure to media reports, I must respectfully dissent.

{¶ 45} In her first assignment of error, Dute argues that the trial court erred by denying her motion to introduce comparable materials, which included three videotapes. Dute's argument before the trial court and on appeal that the three proffered videotapes5 had been "found by a Hamilton County jury not to be obscene" lacks foundation in the…