Legal Question in Criminal Law in California

Re: Appeal

Sure, if you could prove he slept, and prove that affected the outcome of the trial. Disputed evidence is always argued on appeal. Now, if you decide you want to appeal, and are timely in doing so, and are willing to discuss the substantial costs of doing so, feel free to contact me.

Re: Appeal

A sleeping judge is likely to be a decent issue either in an appeal or in a habeas corpus petition; I would need more information before I could say which approach would be appropriate.

Whether the defendant can win on this basis is another matter. He will have to show that the outcome of his trial may have been affected by the judge's inattention. It is possible that the part of the trial which the judge slept through contained nothing objectionable or that any problems which occurred were harmless. Here again, I would need more information before I could give a better answer.