CONCORD, N.H. (AP) – The New Hampshire Supreme Court denied a new sexual assault trial on Tuesday for a man who accused his trial judge of sleeping on the bench.

Donald Spinner, who was sentenced to at least 23 years in prison, petitioned for a new trial last year. His wife, Melissa Spinner, argued that she saw Judge Patricia Coffey sleeping during her husband’s trial. Coffey was investigated, but a panel found that she did not sleep on the job.

Tuesday’s ruling upheld a ruling by Superior Court Judge William Groff, who denied Spinner’s motion for a new trial, after also finding that Coffey had not slept during the trial. In his order, he ruled that while Coffey may have been fighting to stay awake, she was attentive, alert and engaged in the trial.

Spinner also argued his lawyer did not do a good job defending him.

“Having reviewed (Groff’s) lengthy and well-reasoned order, we believe that it carefully identifies and discusses the issues presented and we do not disagree with its analysis,” the court said.

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