West Headnote of the Day – June 1, 2010

June 1, 2010

West's Key 110 Criminal Law
West's Key 110XXIV Review
West's Key 110XXIV(Q) Harmless and Reversible Error
West's Key 110k1166.5 Conduct of Trial in General
West's Key 110k1166.22 Remarks and Conduct of Judge
West's Key 110k1166.22(1) k. In General.

110 Criminal LawJudge’s falling asleep during defense counsel’s opening argument was not prejudicially erroneous, particularly in light of judge’s informing jury that he was under doctor’s orders to either quit or cut down on his hours, thus making it likely that jury would consider sleeping incident manifestation of judge’s reduced health and no comment upon defense.
United States v. White, 589 F.2d 1283 (5th Cir. 1979)

Suggested by Derik Nelson; State Attorney’s Office; Bartow, FL