Raye's First Appeal - Proposition 4

Proposition 4: A juror who has not heard all of the evidence in the case because they are sleeping is grossly unqualified to render a verdict

Several witnesses who were present at Raye Dawn's trial observed several jurors sleeping intermittently throughtout the trial. One observer reported as many as nine jurors who were nodding off or dozing during the trial. Apparently, the judge had to admonish the jury several times to pay attention and keep their eyelids open. One juror that was identified by at least two witnesses as sleeping continuously throughout the trial was Michelle Reeves. Michelle Reeves reportedly "sat slouched in her seat and wore a NASCAR fleece blanket draped over her body from head to toe." One witness said the "jurors appeared to be watching the trial as if they were in their own living rooms."

"A juror who has not heard all the evidence in the case is grossly unqualified to reder a verdict." People v. Simpkins, 792 N.Y.S. 2d 170 (N.Y. App. Div. 2005 holding the Supreme Court should have dismissed as grossly unqualified the juror who was repeatedly observed sleeping during the trial.) A sleeping juror is arguably more prejudicial to a defendant than an inattentive juror, and courts have held that a juror's inattentiveness is a form of juror misconduct, which may prejudice the defendant and require the granting of a new trial. See e.g. Lester v. Kentucky, 132 S.W.3d 857, 862 (Ky. 2004).

Hasson v. Ford Motor Co., 650 P.2d 1171, 1185 (Cal. 1982) "A jury's failure to pay attention to the evidence presented at trial is a form of misconduct which will justify the granting a new trial if shown to be prejudicial to the losing party. The duty to listen carefully during the presentation of evidence at trial is among the most elementary of a juror's obligations. Each juror should attempt to follow the trial proceedings and to evaluate the strengths and weaknesses of the evidence and arguments adduced by each side so that the jury's ultimate determinations of the factual issues presented to it may be based on the strongest foundation possible. Were the rule otherwise, litigants could be deprived of the complete, thoughtful consideration fo the merits of their cases to which they are constitutionally entitled." "It is said that the misconduct of one juror, so far as it may affect the verdict, in contemplation of law, is the misconduct of all." Brown v. State, 36 N.E. 1108 (Ind. 1894). As evidenced above, a sleeping juror is an uninformed jury member and therefore, he/she is grossly unqualified to render a verdict.