U.S. v. RAGIN

No. 14-7245.

820 F.3d 609 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Nicholas RAGIN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 11, 2016.


Attorney(s) appearing for the Case

ARGUED: Matthew Gridley Pruden , Tin, Fulton, Walker & Owen, PLLC, Charlotte, North Carolina, for Appellant. William Michael Miller , Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Jill Westmoreland Rose , United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge SHEDD and Senior Judge DAVIS joined.


This appeal presents an issue of first impression in this Circuit: whether a defendant's right to effective assistance of counsel is violated when his counsel sleeps during trial. We hold that a defendant is deprived of his Sixth Amendment right to counsel when counsel sleeps during a substantial portion of the defendant...

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