United States Fifth Circuit

Defendant's counsel repeated sleeping throughout the guilt-innocence phase of his capital murder trial compels a presumption that his unconsciousness prejudiced petitioner and violated his Sixth Amendment rights to warrant a grant of habeas relief.

Appellate Information

• Decided 08/13/2001
• Published 08/13/2001

Judges

• BENAVIDES, Circuit Judge:, Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Robert Lee McGlasson, II, Decatur, GA, Mandy Welch, Burr & Welch, Houston, TX, for Petitioner-Appellee., Julie Caruthers Parsley, Asst. Solicitor General, Stuart Kyle Duncan, Edward Larry Marshall, Austin, TX, for Respondent-Appellant.