IL court says sleeping judge does qualify new trial

An Illinois court has decided a sleeping judge does not call for a retrial. An Illinois Appellate Court decided a judge dozing off during a trial shouldn’t constitute a retrial as long as they are not missing essential evidence or motions. The court was discussing the issue after the attorneys of Nicholas Sheley said the judge in the case repeatedly fell asleep during the trial. Sheley was on trial for a murder spree in Missouri and Illinois that resulted in six deaths in 2008. The attorneys say Judge Jeffery O’Connor fell asleep while during the presentation of video evidence. They would like to have the case retrialed. Sheley is serving a life sentence and will be sentenced in Missouri next year. The court said the judge’s dozing had no effect on the trial’s outcome.

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