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| Inmate With Sleeping Lawyer Wins Retrial |
| By Associated Press |
| Published: 06/12/2002 |
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Prosecutors said Monday that they will retry a death row inmate whose conviction was reversed because his lawyer slept through parts of his trial nearly two decades ago. Calvin Burdine, 49, last week won the right to a new trial when the U.S. Supreme Court declined to review a lower court's reversal of his conviction. Harris County prosecutors indicated then they probably would retry the case. The state had appealed a federal appeals court's decision that Burdine's 1984 capital murder trial was unfair because his court-appointed attorney, Joe Cannon, slept at times during the trial. Burdine's gay lover, W.T. Wise, was found stabbed to death at the Houston trailer they shared. Burdine confessed to police, but later recanted. He contends an accomplice killed Wise, 50. Cannon, who has since died, denied falling asleep. |
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