Durham v. State

STEELE, Chief Justice.

Michael Durham appeals his multiple felony convictions in the Superior Court, claiming the trial judge erred by denying his postverdict motion for a new trial. Durham argued in his motion that a sleeping juror denied him a fair trial. After conducting a hearing, the trial judge found no evidence that the juror actually fell asleep. Because the trial judge’s findings are supported by competent evidence, we find no abuse of discretion. Accordingly, we affirm.

I

In August 2002,-Durham and two others entered Michael Taylor’s Dover home seeking money. The three physically…