United States Court of Appeals for the Fifth Circuit · 2001 · Criminal Procedure
Criminal ProcedureSixth AmendmentIneffective Assistance of CounselHabeas CorpusSixth AmendmentCronicStricklandcritical stage
Facts
State court findings accepted as presumptively correct established that Burdine's counsel slept during portions of Burdine's trial on the merits, particularly during the guilt-innocence phase while the prosecutor was questioning witnesses and presenting evidence. The unconsciousness extended through a not insubstantial portion of a trial lasting 12 hours and 51 minutes. Burdine was the only defendant on trial, and the sleeping occurred while evidence was being introduced against him. The State accepted the finding that counsel slept during substantial portions of trial but argued prejudice should not be presumed.
Issue
Whether a defendant is entitled to a presumption of prejudice under the Sixth Amendment when trial counsel is repeatedly unconscious during portions of the guilt-innocence phase while evidence is being presented against the defendant. Also, whether applying that principle would constitute a new rule barred on federal habeas review.
Rule
When a defendant does not have counsel at every critical stage of a criminal proceeding, prejudice is presumed under Cronic because the absence of counsel makes the adversary process unreliable. State responsibility for counsel's absence is not required, and counsel who is unconscious during critical stages is equivalent to counsel's actual absence.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
In a single-defendant armed robbery trial in Dallas, defense lawyer Nina Cole repeatedly falls fully asleep while the prosecutor questions eyewitnesses and introduces surveillance footage during the guilt phase. The record cannot pinpoint every exact minute she was asleep, but the trial court later finds the sleeping occurred on multiple occasions during witness examination and evidence presentation over a meaningful part of the day.
If the defendant seeks post-conviction relief on the ground that counsel was unconscious during trial, which is the strongest argument under the governing rule?
Explanation. The rule is that when counsel is absent at a critical stage, prejudice is presumed under Cronic. Repeated unconsciousness during not insubstantial portions of the guilt-innocence phase while the State is presenting evidence is treated as no counsel at all, because unconscious counsel cannot listen, analyze, object, or exercise judgment. The majority also rejected any requirement of state responsibility and rejected forcing the defendant to isolate the exact moments of sleep.