Judge Lets Juror Sleep During Murder Trial Guity verdict Reversed

Usually I use this bolg to write about personal injury cases, workers compensation or social security disability. But this story bears repeating.

This is a true story from an actual case out of a courtroom in Cuyahoga county , Ohio. The eighth district court of appeals rendered a written opinion.

The Facts

Defendant fired a gun into a bar injuring and killing one person. He was convicted. He appealed.

In five separate instances during trial it was brought to the court's attention that a juror had been sleeping. The court did not admonish the juror, did not remove the juror, and near the end of the trial said,

"I saw it. So what. Let him sleep. you guys picked the jury. I didn't."

Before that the judge said, "Let the recod reflect mr brown is asleep again with his mouth agape, snoring as well."

The Court of Appeals


The appeals court stated that extensive evidence of sleeping, including sleeping during eyewitness testimony constitutes pervasive juror misconduct and plain error.
This level of misconduct can never be direagarded. The trial judge did not monitor the situation or admonish the juror clearly abused its discretion.
Commentary

This might be funny if it was not so serious. Thankfully the Court of appeals was there to corrrect this. The defendant does not get off but faces a new trial. One at which everyone will stay awake.

Yes late in the afternoon , in a hot stuffy courtroom in a boring trial a juror may nod off. But it needs to be recognized right away and the juror told to shape up
or be taken off the jury.

Jury service is one of the cornerstones of our democracy in both civil and criminal cases. It must be taken seriously and most jurors do a great job. But here not only the juror , but the judge was asleep at the switch.

By Anthony Castelli cincinnati personal injury trial attorney