Wednesday, October 03, 2007


Dozing during court has become such a common occurrence that some jurisdictions use a three-step analysis to determine whether sleeping constitutes ineffective assistance of counsel:

1. Did counsel sleep for repeated and/or prolonged lapses?
2. Was counsel actually unconscious?
3. Were the defendant's interests at stake while counsel was asleep?


Lawyerlike said...

That is... amazing.

Anonymous said...


(I enjoy your blog, by the way)

Lawyerlike said...

I like how step 2 of this test posits an even more interesting question, such as the level of consciousness during sleep.

Step 4: is life but a waking dream?

Anonymous said...

Step 5: ???
Step 6: PROFIT!

Sansserif said...

Hah! #2 was my fave too. Will post cite soon.

I also remember that 99% of all ineffective assistance of counsel claims are unsuccessful.

Step 7: Get suit dismissed!