Elliott Finch, Jr. v. Dexter Payne

Summary

The Eighth Circuit affirmed habeas relief under 28 U.S.C. § 2254, holding that the Arkansas Supreme Court’s decision denying Finch’s Sixth Amendment right to self-representation was an objectively unreasonable application of *Faretta v. California*. The court found that Finch’s multiple requests to proceed pro se were clear and unequivocal, and that his conduct—speaking out of turn and refusing part of a mental evaluation—did not constitute the serious obstructionist misconduct required to deny self-representation. The state court’s determinations on equivocation and obstruction were mixed questions of law and fact reviewed under § 2254(d)(1), not pure facts entitled to deference under § 2254(e)(1). The state waived any argument regarding a knowing and intelligent waiver by failing to raise it in district court.

Questions Presented

1. Whether the Arkansas Supreme Court's determination that Finch did not clearly and unequivocally invoke his right to self-representation was an unreasonable application of clearly established federal law under § 2254(d)(1).
2. Whether the Arkansas Supreme Court's determination that Finch engaged in conduct that would prevent the fair and orderly exposition of the issues was an unreasonable determination of the facts or an unreasonable application of federal law.