Is anybody awake in the justice system?
Calvin Burdine's attorney wasn't during his trial.
Calvin Burdine was convicted of  capital murder and sentences him to death. Mr. Burdine is represented in this case by court appointed attorney Joe Cannon, who takes frequent and extended naps during the trial.

In September of 1999, U.S. District Judge David Hittner ordered that Calvin Burdine be released or retired because he did not receive a fair trial.  Hittner declared that having a sleeping attorney was equivalent to no attorney.

In June of 2000, The Texas Solicitor General's office argued to a panel of the 5th Circuit Court that Calvin Burdine's conviction and death sentence shouldn't be dismissed because a sleeping attorney is not different from an intoxicated attorney.

In October of 2000, the three judge panel of the 5th circuit court overruled the lower court's decision to retry Calvin Burdine. The court stated that it was inclusive that Mr. Cannon slept through "crucial" parts of the trial. Calvin Burdine did not, on his own accord, remember Mr. Cannon napping during the trial.

"Courtesy of http://justice.policy.net/cjreform/
 
 


Calvin Burdine
Courtesy of "http://www.bannister.dk"

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