1. Home
  2. Browse Decisions
  3. F.3d
  4. 231 F.3d
  5. 231 F.3d 950 (2000)
 

BURDINE v. JOHNSON

No. 99-21034.

231 F.3d 950 (2000)

Calvin Jerold BURDINE, Petitioner-Appellee, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

October 27, 2000.

Attorney(s) appearing for the Case

Robert Lee McGlasson, II (argued), Decatur, GA, Mandy Welch, Burr & Welch, Houston, TX, for Petitioner-Appellee.

Julie Caruthers Parsley (argued), Edward Larry Marshall, Austin, TX, for Respondent-Appellant.

Before JONES, BARKSDALE and BENAVIDES, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

The linchpin to this appeal is whether, under the Sixth Amendment, prejudice must be presumed when appointed defense counsel sleeps during unidentified portions of a capital murder trial. The State contests the district court's application of that presumption in granting habeas relief to Calvin Jerold Burdine, convicted for capital murder and sentenced to death in Texas. We VACATE and REMAND.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases