Based on the Supreme Court’s discussion of “ineffective counsel” in Strickland v. Washington, the fact that his lawyer fell asleep during the prosecutor’s closing argument is:

Question

Rock star Tim Three-Tone has been convicted of first-degree murder in the death of his manager. Famed courtroom reporter Nancy Lace notes that Tim’s lawyer, Rickey James, had fallen asleep during the prosecutor’s closing arguments, but had otherwise done a reasonable job considering how much forensic evidence the prosecution presented. Tim, however, feels that his lawyer did a particularly poor job during the sentencing phase of his bifurcated trial. Even Nancy Lace notes that it was odd for the lawyer not to call any witnesses in the sentencing phase or to offer any evidence of mitigating circumstances—especially in light of Tim Three-Tone’s well-chronicled tale of surviving childhood abuse. Timmy is ultimately sentenced to die by lethal injection.

a. Automatic grounds for a new trial on the grounds that Tim’s 6th Amendment rights have been violated
b. Automatic grounds for a new trial on the grounds that Tim’s 8th Amendment rights have been violated
c. Not necessarily grounds for a new trial provided that we believe Nancy Lace’s assessment that the lawyer has done a reasonable job consistent with what another lawyer would have done
d. Is not grounds for appeal in a death penalty case in a state court

Answer 1

ANS: C