People v. Dupont

OPINION OF THE COURT

Bentley Kassal, J.

The court, sua sponte, determined that a juror should be discharged from the trial jury, as unqualified, based upon the fact that the juror had fallen asleep approximately six times during the six days of the trial.

FACTS

Prior to today’s occurrence, the court had noticed that juror No. 10 had appeared to be asleep on at least four different occasions during the course of the presentation of evidence. Today, upon observing that the same juror had again fallen asleep, the court directed the jury to stand in place and to stretch. At the next recess, out of…