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?
5 comments:
That is... amazing.
Citation?
(I enjoy your blog, by the way)
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?
Step 5: ???
Step 6: PROFIT!
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!
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