Ordered that the judgment is reversed, on the law, and a new trial is ordered.
After both sides rested, a juror informed the court that one of her fellow jurors had been falling asleep repeatedly throughout the trial, and had only been kept awake by the nudging, tapping, and prodding of his fellow jurors. The court conducted an inquiry of this juror, who admitted that he closed his eyes from time to time but was otherwise aware of the proceedings.
During a...
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