Fourth Circuit: New Trial Required When Defense Lawyer Sleeps Through "Substantial Portion" of a Trial

On Friday, the Fourth Circuit, deciding “an issue of first impression,” ruled that a new trial is required when a defense lawyer sleeps through a substantial portion of a trial. The opinion in United States v. Ragin is available here. This post summarizes and discusses the case. Background. In 2004, Nicholas Ragin was charged with federal crimes as a result of his alleged participation in a prostitution ring and a drug distribution operation. Though not discussed in the appellate opinion, the Government’s evidence tended to show that Ragin was an “enforcer” who would beat up women who were noncompliant or would shoot at rival drug dealers in defense of his group’s territory. Ragin v. United States, 2014 WL 4105898 (W.D.N.C. Aug. 19, 2014) (unpublished). A Charlotte attorney named Nikita Mackey was appointed to represent Ragin. The case went to trial, Ragin was convicted, and he received a lengthy sentence. He appealed the sentence, but it was affirmed. Post-conviction proceedings. Ragin then filed a post-conviction petition under 28 U.S.C. § 2555, which is the federal equivalent of a motion for appropriate relief. He alleged that Mackey had provided ineffective assistance of counsel because he slept through portions of the trial. The judge who had presided over the trial held an evidentiary hearing. Several witness, including Ragin, a juror, the case agent, and counsel for Ragin’s co-defendants, testified that Mackey had slept or appeared to sleep at times. Mackey testified that he did not recall sleeping, and the judge noted that Mackey had [...]