Twice in the past week Georgia’s appeals courts have said Fulton County judges should have been more careful when dismissing jurors in the middle of a trial-even if they thought the jurors couldn’t concentrate on the cases because they were sleeping or over-anxious.
The state Court of Appeals on Thursday mandated a retrial in a Fulton statutory rape case in which the trial judge told lawyers he was dismissing a juror for sleeping through testimony and distracting other jurors with his body odor.