Can a jury be excused for falling asleep at trial?

In People v. Johnson, supra, 6 Cal.4th 1, 23 Cal.Rptr.2d 593, 859 P.2d 673, the trial court excused a juror after finding the juror had fallen asleep at trial. The court, its two deputies, and the prosecutor each stated on the record that they had observed [the juror] exhibiting various physical indicia of sleep, including eye closures, head nodding, and slumping in his chair. (Id. at p. 21, 23 Cal.Rptr.2d 593, 859 P.2d 673.) We concluded the trial court had properly discharged the juror, notwithstanding the defendant's claim that the court had not inquired of the juror whether he had been asleep. (Id. at pp. 2122, 23 Cal.Rptr.2d 593, 859 P.2d 673.)

In People v. Ramirez (2006) 39 Cal.4th 398, 46 Cal.Rptr.3d 677, 139 P.3d 64, the court excused a juror over the defendant's objection after receiving a note from the foreperson that the juror had fallen asleep on two occasions. (Id. at p. 456, 46 Cal.Rptr.3d 677, 139 P.3d 64.) The court questioned the foreperson who confirmed that he had seen the juror sleeping. The court added that it had noticed the juror behaving as if he were dozing off from time to time. (Id. at p. 457, 46 Cal.Rptr.3d 677, 139 P.3d 64.) Based on the foreperson's statements and the court's own observations, the court excused the juror for sleeping. We affirmed: The judge's observations

[61 Cal.4th 1278]