State v. Marquina, 478 P.3d 37

Raymond Marquina shot the victim five times during an attempted robbery; he was tried and convicted of aggravated robbery with a group enhancement.
During the three-day trial the prosecutor reported a juror nodding off on day two and again dozing on day three; counsel requested a sidebar and the court took a recess but ultimately declined to substitute the alternate juror or to identify/question the allegedly sleepy juror on the record.
The jury convicted Marquina; he did not object at trial to the court’s handling of the reported sleeping juror.
On appeal Marquina argued his Sixth Amendment jury-trial right was violated; because the claim was unpreserved the court of appeals reviewed it for plain error and alternatively as ineffective assistance of counsel and affirmed.
The Utah Supreme Court granted certiorari, affirmed the court of appeals (no plain error; counsel not ineffective), but clarified that trial courts should respond proportionally to reliable reports of inattentive jurors and make sufficient record of their reasoning.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court plainly erred by not identifying/voir dire/replacing a juror reported to be sleeping	Marquina: trial court plainly erred by not identifying the sleepy juror or questioning them to determine what evidence was missed	State/Court: trial court has discretion; no settled mandatory protocol; record did not show obvious error	No plain error; error not "obvious" under Utah precedent, but trial courts must respond proportionally and make a record
Whether defense counsel was ineffective for failing to press for identification/questioning/replacement of the sleepy juror	Marquina: counsel performed deficiently by not asking court to identify and replace juror	State/Court: counsel likely made strategic judgment; presumption of reasonable professional conduct applies	Counsel not ineffective; presumption of strategic choice not rebutted

State v. McNeil, 365 P.3d 699 (Utah 2016) (invited-error doctrine)
State v. Dunn, 850 P.2d 1201 (Utah 1993) (plain-error standard elements)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective-assistance standard)
State v. Mellor, 272 P. 635 (Utah 1928) (trial-court discretion re: dozing jurors)
State v. Lesley, 672 P.2d 79 (Utah 1983) (deference to trial court's ability to gauge juror incapacity)
State v. Anderson, 251 P. 362 (Utah 1926) (use of affidavits and deference to trial court findings on juror sleep)
State v. Pace, 527 P.2d 658 (Utah 1974) (affirming denial of mistrial based on court observations of jurors)