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.


Interesting Legal Sites You May Like




Search Now

Senior Land Use Attorney with experience

USA-CA-San Francisco

San Francisco office of our client seeks senior land use attorney with 7+ years of experience. The c...

Apply Now

Immigration Attorney with portable business


McLean office is seeking an immigration attorney with $500,000+ in portable business.

Apply Now

Employment Attorney with 3+ years of wage and hour litigation experience

USA-CA-Los Angeles

Los Angeles office of our client seeks employment attorney with 3+ years of experience in wage and h...

Apply Now

Commercial Litigation Attorney with some experience


Marlton office of our client seeks commercial litigation attorney with experience. A prior judicial ...

Apply Now


Corporate / Commercial Attorney | Lebanon, NH


Downs Rachlin Martin PLLC seeks an experienced corporate / commercial attorney to join its Lebanon o...

Apply now

Business Law Junior Associate | Burlington, VT


Downs Rachlin Martin seeks associate attorney with 1-3 years of experience to join its Commercial an...

Apply now

Business Law Associate | Burlington


Downs Rachlin Martin is seeking an attorney with 4 to 8 years of experience to join its very busy pr...

Apply now

Trademark & Business Law Associate | Burlington, Vermont


Downs Rachlin Martin PLLC (DRM) is seeking an Associate attorney with 1-3 years of trademark and tra...

Apply now

Most Popular


To Top