Clark v. Sweeney · ¶9

In an unpublished opinion, the Fourth Circuit reversed— but not on the ineffective-assistance claim that Sweeney brought. Instead, the Fourth Circuit declared that Sweeney's trial was marred by a “combination of extraordinary failures from juror to judge to attorney” that deprived Sweeney of his right to be confronted with the witnesses against him and his right to trial by an impartial jury. App. to Pet. for Cert. 22a, 29a. That error, the Court of Appeals concluded, entitled Sweeney to a new trial. Judge Quattlebaum dissented, criticizing the majority for “fout[ing]” traditional principles of party presentation. Id., at 99a–103a.

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