Moore v. State

OPINION

Opinion by

Chief Justice MORRISS.

As if he were a schoolboy lost in a daydream, Clyde Moore’s trial counsel sat at the counsel table in the courtroom and, in the words of the trial court’s bailiff, “lean[ed] over with his head in his hand” near the end of the State’s cross-examination of Moore, at least momentarily failing to respond when it was his turn to question Moore on re-direct examination. Moore now contends that, because his trial counsel was asleep during this critical moment of the trial, we should reverse his conviction and sentence and grant him a new trial.

After reviewing…