People v. Sheley

Defendant was convicted of 4 counts of 1st degree murder. Defendant contended that court erred in denying his motion for mistrial because reversible error occurred when judge fell asleep during jury trial. A judge falling asleep for a portion of a trial is not per se reversible error. Court did not abuse its discretion in denying motion for mistrial because Defendant failed to show that he was prejudiced. Neither party asked judge for any evidentiary rulings during the time judge was sleeping, and evidence of Defendant's guilt was overwhelming. (HOLDRIDGE, specially concurring; O'BRIEN, dissenting.)