Legal Opinion
Burdine v. Johnson
Court of Appeals for the Fifth Circuit
Decided August 30, 2001No. 99-21034PublishedCited by 157 opinions
1Opinion of the Court
BENAVIDES, Circuit Judge:
In this case we consider whether the district court properly granted a Petition for Writ of Habeas Corpus filed by Calvin Jerold Burdine based on state habeas court findings that Burdine’s court-appointed attorney slept repeatedly throughout the guilt-innocence phase of his 1984 capital murder trial. The district court concluded “sleeping counsel is equivalent to no counsel at all” and granted relief pursuant to 28 U.S.C. § 2254. A divided panel of this Court reversed, holding that (1) the district court’s presumption of prejudice for purposes of ineffective…
2Cases cited33 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Teague v. LaneSupreme Court of the United States · 1989
- United States v. CronicSupreme Court of the United States · 1984
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3Cited by157 opinions
- Ex Parte McFarlandCourt of Criminal Appeals of Texas · 2005
- Kim Moss v. Gerald HofbauerCourt of Appeals for the Sixth Circuit · 2002
- Ivory v. JacksonCourt of Appeals for the Sixth Circuit · 2007
- Scott Schmidt v. Brian FosterCourt of Appeals for the Seventh Circuit · 2018
- Max Alexander Soffar v. Janie Cockrell, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 2002
152 more not listed; retrieve them via the Exa API.