Legal News

Sleepy Juror Does Not Merit Retrial of Murder Conviction
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)

On Tuesday, the New York State Court of Appeals rejected the petition of a convicted murderer for a new trial, in spite of claims that a juror had fallen asleep during jury deliberations. The appellate court found that the trial judge’s refusal to dismiss Juror 11 – despite complaints by a fellow juror of the juror falling asleep while deliberating on the fate of the defendant – was within her rights, and she did not abuse her discretion.

In a unanimous unsigned order, the appellate court wrote, “While there are circumstances where a juror’s behavior during deliberations renders that juror grossly unqualified, in this situation the trial judge did not abuse her discretion when she decided that Juror 11 was fit to serve on the jury.”

Carlos Herring, 32, was charged in connection with a 2006 shooting in which one man was killed and another wounded seriously. The charges included second-degree murder, assault, and related weapons charges. During the trial, Juror 7 complained to the County Court Judge that Juror 11 had fallen asleep. The judge called the juror to her room, and the juror denied that she had fallen asleep and held herself ready and able to serve as a juror.


Herring’s lawyer wanted juror 11 to be discharged, and that a mistrial be declared, paving the way for a new trial. However, the judge refused, and ultimately Herring was convicted and sentenced to 32 years to life in prison.

On appeal, the Appellate Division, Second Department, denied Herring’s request to have a new trial finding that “under the circumstances of this case, the County Court did not improvidently exercise its discretion … after making an inquiry of that juror.”

On Tuesday, the Court of Appeals upheld the decision of the Second Department.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!

The case is People v. Herring, New York Court of Appeals, No. 165.



Associate Attorney


Qualification Requirements: Candidate must possess the requisite knowledge, skills and capability...

Apply now

Patent Paralegal


Boutique patent firm seeks experienced patent paralegal to support a small group of attorneys. This ...

Apply now

Staff Accountant

USA-CA-San Francisco

Levin Simes Abrams LLP has an immediate opening for a Staff Accountant to join our team and work clo...

Apply now

Attorney with some Unlawful Detainer experience preferred


Oakland based law office has an opening for an Unlawful Detainer Attorney This is a temporary to ...

Apply now




Search Now

Intellectual Property Attorney

USA-CA-Los Angeles

Los Angeles office of a BCG Attorney Search Top Ranked Law Firm seeks an intellectual property attor...

Apply Now

Electrical Engineering, Computer Science/Engineering Associate Attorney


Chicago office of a BCG Attorney Search Top Ranked Law Firm seeks electrical engineering, computer s...

Apply Now



Jacksonville office of a BCG Attorney Search Top Ranked Law Firm seeks an attorney with 4-20 years o...

Apply Now


To Top