State of Louisiana v. Jaylon K. Brown

Summary

The Louisiana Supreme Court affirmed the Court of Appeal’s decision, holding that the trial judge did not abuse discretion in removing a juror who was repeatedly observed sleeping and that the defendant’s absence from a sidebar discussion did not violate his statutory right to be present because counsel was present and no contemporaneous objection was made. The Court also concluded that the alleged error was not preserved for appellate review. Separate dissenting and concurring opinions argued that a hearing was required and that the error constituted patent error, but those views did not affect the majority’s holding.