Topics: Appellate Review

Dissenting Opinion by ACOBA, J

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Dissenting Opinion by ACOBA, J. I respectfully disagree.

A slumbering juror is not a competent one. Here the court did everything it was supposed to do in making an inquiry into the juror misconduct. Under our case law, the court's decision is entitled to substantial deference by virtue of the abuse of discretion standard. Deference to the court is also compelled because here the trial judge has been engaged with the jurors in the trial of the case, questioned and instructed them, and observed them and attended to them over several days.

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