Juror’s whose attention lapsed during a trial is not enough to have a criminal conviction overturned. Also, evidence that two alternate jurors did fall asleep was not enough to declare a mistrial.
The Appellant (Defendant) appealed his convictions to the Court of Appeals, Western District of Missouri. He was convicted of one count of kidnapping in the first degree, two counts of rape in the first degree, and one count of sodomy in the first degree following a jury trial.
Appellant argued two points on appeal, the first of which was that the trial court erred in overruling his motion for a mistrial based on alleged juror misconduct.
Appellant claimed that four jurors should have been discharged for falling asleep during trial. However, the record showed that two of those jurors did not participate in deliberations; therefore, the appellate court stated that the appellant could not have suffered prejudice.
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