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Fifth Circuit· 8/30/2001

Burdine v. Johnson

Citations

  • 262 F.3d 336

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that defendant had been prejudiced where record suggested that defense counsel had actually been asleep during portions of trial
  • concluding that an \[u]nconscious counsel equates to no counsel at all\ for purposes of the Sixth Amendment right to counsel in a criminal case
  • rejecting the contention that the Teague non-retroactivity doctrine barred application of a presumption of prejudice arising from trial counsel’s alleged sleeping during a critical juncture during trial
  • finding denial of assistance of counsel when counsel was sleeping during portions of the defendant’s trial
  • finding ineffective assistance where defense counsel repeatedly slept while evidence was being introduced against defendant in capital murder trial
  • noting that the \distinction between cases presenting new rules and cases presenting new facts is central to the functioning of Teague \ and that \ Teague does not bar a federal court from reviewing the application of an old rule to new facts in state court\

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Jolly, Higginbotham, Davis, Jones, Smith, Wiener, Barksdale, Demoss, Benavides, Stewart, Parker, Dennis

Read full opinion on CourtListener

Cited by

106 cases in this archive cite this case; the 20 most cited are listed.

Cites

142 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Burdine v. Johnson

4 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.