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State High Court: Observation of ‘Sleeping Juror’ Not Enough to Preserve Objection for Appellate Review

“As to the issue that is implicated here, namely, whether a sleeping-juror issue is preserved when the parties advise the trial court that a juror is sleeping but request no action or remedy from the court, we conclude that Forgette did not preserve this issue and, on the facts before us, waived it, thus precluding appellate review,” Justice Richard L. Gabriel wrote.

       

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