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COMES NOW , Defendant in the above Captioned Action, Pursuant to Rule  Form

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in an article to Colorado politics earlier this week Michael carlic reported on a case involving a defendant in a burglary trial who had a section of his jury panel specifically one juror who was continually falling asleep throughout the case he was convicted of that charge and appealed his case all the way up to the state supreme court and what the state supreme court decided is that because his attorney in the case failed to object to this sleeping juror that he had not preserved his argument in order to raise it again on appeal his argument was actually a very good one what he argued is that his six-member right to a jury met a jury of 12 conscious individuals rather than the one juror who's continually falling asleep the lesson that we can take away from this is that if you're not objecting to an issue in a criminal case then it's going to be very hard to appeal that issue later on to a higher Court

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