United States v. Nicholas Ragin

Vacated and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge SHEDD and Sénior Judge- DAVIS joined.

GREGORY, Circuit Judge:

- This appeal presents an issue of first impression in this -Circuit: whether a defendant’s right to effective assistance of counsel is violated when his counsel sleeps during trial. We hold that a defendant is deprived of his Sixth Amendment right to counsel when counsel sleeps during,a substantial portion of the defendant’s.,trial.

The Sixth Amendment guarantees a criminal defendant the assistance of counsel for his defense. U.S. Const, amend.…