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