Calvin Jerold Burdine v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

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.

*952I.

Burdine’s January 1984 conviction and sentence were for the 1983 robbery and murder of Wise. Burdine was represented at trial — and, at his request, on direct…