The Sleeping Lawyer Cases

There is a circuit agreement on this, although there are some general principles. If your lawyer sleeps through pretty much the entire trial, then it's like that United States v. chronic case where you don't have to show the outcome would have been different. But if your lawyer just takes maybe two or three naps,. Everyone deserves a little bit of a nap. That is deficient performance, but it's covered by this case, Strickland v. Washington. The Supreme Court as recently as 2018 in the Fourth Circuit and they had a juror testify that he was asleep every single day in an 18-day trial. And that's pretty fucked up.