Alva Review-Courier -

Ruling: Sleeping judge not automatic reason for retrial

 

November 28, 2019



TOPEKA, Kan. (AP) — The Kansas Supreme Court says a guilty ruling against a man accused of firearms charges shouldn't be automatically reversed because the judge fell asleep during the first day of trial.

The Topeka Capital-Journal reports that the high court on Wednesday rejected a legal interpretation by the lower Kansas Court of Appeals that granted a new trial to Daquantrius Johnson.

Justice Caleb Stegall wrote in the court's opinion that there is no state precedent to justify a finding of structural error simply because a judge catnapped during the proceedings.

District Judge Benjami...



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