And hell no you donít get a smoke break either; shut up sit down, and strap the pos in.

Court: Jury Didn't Need Smoke Breaks

The Associated Press
Updated: 5:07 p.m. ET Dec 13, 2006
COLUMBUS, Ohio - The Ohio Supreme Court on Wednesday rejected an appeal from a death-row inmate who argued that his sentence should be thrown out because the jury was denied smoke breaks.

Phillip E. Elmore's attorneys had argued that the judge's refusal to let jurors smoke amid deliberations made the jury antsy and overly eager to finish the case.

In a 7-0 opinion, Justice Evelyn Lundberg Stratton wrote that there was only one smoker on the jury, which took six hours to convict Elmore of aggravated murder and three hours to recommend his execution.

"Elmore's claim that this juror suffered nicotine withdrawal is totally speculative. The simple request, 'can we smoke' does not indicate any type of emergency," she wrote. "There is no support in the record for Elmore's claim that the juror who wished to smoke was under any additional stress occasioned by 'mentally wanting, and physically needing to smoke tobacco.'"

Elmore, of Newark, was convicted of bludgeoning to death his ex-girlfriend, Pamela Annarino, on her son's wedding day in 2002.