One case where smoking by others may have really killed a non-smoker

I am dubious about the claims that second hand smoke are dangerous, but this case may get me to reconsider my opinion. The solution however may be to ban non-smoking areas.

Attorneys for a man who has been sentenced to death say some members of the jury rushed to judgment because they needed a nicotine fix.

Tuesday the Ohio Supreme Court will begin hearing arguments in the appeal of Phillip Elmore, convicted three years ago in the strangling of his ex-girlfriend in Newark.

Elmore's attorneys say that the fact the judge wouldn't let jury members smoke or step outside to smoke led them to make a quick decision.

That's one of 17 allegations the appeal makes. Lawyers for Elmore also say his trial attorneys were ineffective.