John M. Baker and Katherine M. Swenson Eighth Circuit Holds Lower Court Applied Law in 'Objectively Unreasonable' Manner
In 'Finch v. Payne', the circuit court affirmed a grant of habeas corpus based on "objectively unreasonable" determination that defendant did not invoke right to represent himself.
January 21, 2021 at 01:33 PM
6 minute read
In Finch v. Payne, No. 19-2369 (8th Cir. Dec. 18, 2020), the U.S. Court of Appeals for the Eighth Circuit held that the petitioner was entitled to release or a new trial because the Arkansas Supreme Court had articulated the correct legal framework for evaluating petitioner's Sixth Amendment argument—but had applied that framework to the facts in an objectively unreasonable manner.
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