Legal Opinion
Dale Tippins v. Hans Walker, Superintendent, Auburn Correctional Facility
Court of Appeals for the Second Circuit
Decided March 7, 1996No. 735, Docket 95-2406PublishedCited by 97 opinions
1Opinion of the Court
JACOBS, Circuit Judge:
Dale Tippins petitioned for a writ of habe-as corpus, pursuant to 28 U.S.C. § 2254, on the ground that his lawyer slept during Tip-pins’ criminal trial. The United States District Court for the Southern District of New York (Keenan, J.) granted the petition, holding that counsel was ineffective per se because he was asleep for a “substantial” portion of the trial, and that Tippins’ Sixth Amendment right to counsel was thereby denied. Respondent Hans Walker, Superintendent of Auburn Correctional Facility, appeals. For the reasons set forth below, we affirm.
BACKGROUND
Tippin…
2Cases cited18 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- United States v. CronicSupreme Court of the United States · 1984
- United States v. Murad NersesianCourt of Appeals for the Second Circuit · 1987
- Troy Cooper v. C. J. FitzharrisCourt of Appeals for the Ninth Circuit · 1978
- United States v. Francis Ditommaso A/K/A "Checco", Rudolfo Risatti, A/K/A "Rudy", Sheila Silvetti, Victoriano Molina-ChaconCourt of Appeals for the Second Circuit · 1987
13 more not listed; retrieve them via the Exa API.
3Cited by97 opinions
- Appel v. HornCourt of Appeals for the Third Circuit · 2001
- Ramirez v. United StatesDistrict Court, S.D. New York · 2012
- Charles C. Greiner v. Ronald WellsCourt of Appeals for the Second Circuit · 2005
- Kim Moss v. Gerald HofbauerCourt of Appeals for the Sixth Circuit · 2002
- Burdine v. JohnsonCourt of Appeals for the Fifth Circuit · 2001
92 more not listed; retrieve them via the Exa API.