COLUMBUS, Ohio (AP) — An Ohio appeals court has concluded that a juror’s snoozing during testimony in a murder trial isn’t enough to overturn the defendant’s conviction.
An attorney for 28-year-old Desjuan Hayes argued that he didn’t get a fair trial last year because a judge failed to remove the juror or question her about repeatedly falling asleep.
The Columbus Dispatch reports Tuesday that a three-judge panel from the appeals court ruled last week that the juror’s napping was unacceptable but didn’t appear to affect the trial’s outcome.
Attorneys in the case discussed possibly replacing the snoozing juror with an alternate during trial, but neither side requested that move when the judge offered it.
Hayes was sentenced to life in prison with possible parole after 21 years.