A Texas death-row inmate deserves a new trial because...

A Texas death-row inmate deserves a new trial because his lawyer slept through long stretches of the man's original trial, a defense lawyer argued today as a federal appeals court reconsidered the 17-year-old Houston-area case. The lawyer "didn't just doze or daydream -- he was unconscious," Robert McGlasson told the 5th U.S. Circuit Court of Appeals. Burdine denies killing W.T. Wise, 50, McGlasson cited the testimony of several witnesses who said Burdine's original attorney, the late Joe Cannon, slept for stretches as long as 10 minutes in his 1984 trial at which Burdine was convicted of murder and sentenced to death. The 15-member court agreed to reconsider the case after a panel of the appeals court ruled 2-1 that Burdine does not deserve a new trial. The panel said McGlasson could not prove that Cannon slept through critical parts of the trial. At a 1995 evidentiary hearing, 3 jurors and a court reporter testified that Cannon often napped for as long as 10 minutes at the trial. Burdine's case has bolstered arguments that capital punishment is unfair -- and legal representation inadequate -- for defendants who can't afford to hire their own lawyers.