Ban on Smoke Breaks Sway Jury Verdict, Inmate’s Attorneys Say

Defense attorneys for an Ohio death row inmate plan to appeal their client’s conviction partly because the judge banned smoking during jury deliberation, which they say swayed the verdict.

According to Phillip Elmore’s lawyers, barring jurors from smoke breaks made them uneasy, antsy, and too eager to finish their deliberations.

The jury convicted Elmore in 2003 for murder and other felony charges involving the death of his ex-girlfriend. The decision was made only after six hours of deliberation. The jury needed an additional three hours the following week to recommend the death penalty.

“The judge’s refusal to make any accommodation of jurors’ request to smoke predisposed those jurors to agree on a quick decision,” Elmore’s attorneys wrote.

The Supreme Court will hear defense and prosecution arguments Tuesday.

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