Is there any case law where a defense counsel is asleep during the trial?
MultiRegion, United States of America
The following excerpt is from Morales v. U.S., 143 F.3d 94 (2nd Cir. 1998):
Morales presses an analogy between his case and Tippins v. Walker, 77 F.3d 682 (2d Cir.1996), in which we held that when defense counsel is asleep during portions of the trial that bear on his client's case, his inattention is per se prejudicial because "unconscious or sleeping counsel is equivalent to no counsel at all." Id. at 686 (citation and internal quotation marks omitted). We reject the proffered analogy.
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