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

231 F.3d 950 (5th Cir. 2000)

CALVIN JEROLD BURDINE, Petitioner-Appellee,

v.

GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Respondent-Appellant.

No. 99-21034

UNITED STATES COURT OF APPEALS, FIFTH CIRCUIT

October 27, 2000

Appeal from the United States District Court for the Southern District of Texas

Before JONES, BARKSDALE, and BENAVIDES, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

1

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…