Sample Instruction: Admonition That Improper Argument “Never Happened” (Ohio)

When you are instructed to ignore something, you will treat it as though it never happened. What the attorneys say in this case is not evidence. I will instruct you later on this, but I want to instruct you now, that you will decide this case on the evidence of the case and not statements of counsel.

Source: Given in State v. Kleekamp, 2010 Ohio 1906 (Ohio Ct. App., Montgomery County, No. 23533, Apr. 30, 2010).

For subscription based briefing and sample instructions on this and related issues see:

Forecite NationalÔ

4.3.2.4 - Strategic Concerns Regarding Whether Or Not To Request Cautionary Or Limiting Instructions

16.1.4 - Failure Of Prosecutor To Support A Claim Made In The Opening Statement: Cautionary/ Limiting Instruction

272.5.2 - Prosecutor Misconduct During Summation/Closing Argument: Curative Instruction

272.5.4 - Inability Of Limiting Instruction To Cure Highly Prejudicial Misconduct During Summation/Closing Argument

272.5 - Summation/Closing Argument: Prosecutor Misconduct ‑‑ Curative Instructions

297.3.1 - Situations Where Cautionary Or Limiting Instructions May Not Cure Prejudice

The Shellow Instructions

Prosecution Misconduct

Forecite CaliforniaÔ

PG X(E)(19)(1) - Inability Of Limiting Instructions To Cure Error

F 2.019 n6 - Prosecutorial Misconduct: Arguing Factually Unsupported Inferences

F 2.019a - Admonition To Counteract Prosecutor Misconduct

F 100.4 Inst 2 - Failure Of Prosecutor To Support A Claim Made In The Opening Statement: Cautionary/Limiting Instruction

F 100.4 Note 4 - Reference To Inadmissible Evidence In Opening Statement As Prosecutorial Misconduct