Whiting v. State

DeBRULER, Justice.

This is a direct appeal following a jury verdict finding appellant guilty of murder. The trial court sentenced him to forty (40) years imprisonment.

Appellant raises as his sole issue an allegation that two jurors were sleeping during the closing argument for the defense, resulting in a violation of his right to a fair trial.

At the sentencing hearing, when asked by the court if he had anything to say, appellant replied that a certain State's witness was lying and that "[also a juror was sleeping during the trial." In response to a question from the trial judge as to whether…