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Eighth Circuit Affirms Habeas Relief, Finds Arkansas Supreme Court Wrongly Denied Defendant’s Self-Representation Request
by Dale Chappell
The U.S. Court of Appeals for the Eighth Circuit affirmed the grant of habeas corpus relief on December 18, 2020, agreeing that the Arkansas Supreme Court wrongly denied a defendant’s right to represent himself at trial.
Elliott Finch repeatedly told the state trial court that he wanted ...
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More from this issue:
- Staggering Injustice, by Derek Gilna
- Fifth Circuit Vacates Sentence Eight Times Higher Than Guidelines Range That Was Imposed Without Explanation, by Dale Chappell
- Federal Habeas Corpus: Retroactivity of New Rules, by Dale Chappell
- Sex Panic: The War on Sex Offenders as Public Enemy Number One, by Michael Fortino, Ph.D
- Fourth Circuit Announces Payton’s ‘Reason to Believe’ Standard for Entering a Third-Party’s Home Based on Arrest Warrant for Suspect Amounts to Probable Cause Suspect Resides There, by Douglas Ankney
- Colorado Supreme Court: Dividing Multiple Images of Child Pornography Into Multiple Batches to Charge Multiple Counts Violates Double Jeopardy, by Dale Chappell
- First Circuit: Double Jeopardy Protections Bar Government From Seeking Death Penalty at Retrial Where Jury’s Verdict Not Imposing Death at First Trial Ambiguous, and Trial Court Prematurely Declared Mistrial, by Douglas Ankney
- Fired San Francisco Cop Charged With Manslaughter for Fatally Shooting Unarmed Suspect, by Dale Chappell
- California Supreme Court Vacates Murder Conviction, Finds IAC for Failure to Obtain Expert Testimony on Time of Death, by Dale Chappell
- Ninth Circuit: Reasonable Suspicion Justifying Traffic Stop Doesn’t Provide Probable Cause to Open Door and Lean Inside Vehicle, by Douglas Ankney
- Police Say Seizing Property Without Trial Helps Keep Crime Down. A New Study Shows They’re Wrong., by Ian MacDougall
- New York Court of Appeals Reverses Denial of Suppression Motion Where Prosecution Fails to Provide Specific Facts to Show Traffic Stop Was Lawful, by Douglas Ankney
- Michigan Voters Approve Constitutional Amendment to Protect Electronic Data and Communications, by Anthony Accurso
- Kansas Supreme Court Clarifies State Law Does Not Preclude Consent to Search Through Nonverbal Conduct, by Douglas Ankney
- Sixth Circuit Vacates Sentence Because Government Failed to Prove Sentencing Enhancements Apply, by Dale Chappell
- Eighth Circuit Announces ‘Use of Minor’ Enhancement Inapplicable for Merely Buying Firearm From Minor, by Dale Chappell
- Illinois Supreme Court Announces Guilty Plea Doesn’t Bar Postconviction Claim of Actual Innocence and Provides Framework for Review, by Douglas Ankney
- Illinois Supreme Court Announces Predicate Offenses of Home Invasion Statute are Lesser-Included Offenses of Home Invasion Statute, by Douglas Ankney
- Eleventh Circuit Announces Drug Offenses Involving Multiple Drugs Can Qualify as ‘Covered Offense’ Under First Step Act if Crack One of the Drugs, by Dale Chappell
- Montana Supreme Court: Statistical Evidence on False Accusations of Rape Improperly Bolstered Witness Credibility, by Anthony Accurso
- SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions, by Dale Chappell
- Eleventh Circuit: District Court ‘Mischaracterizing’ Habeas Claim Left Claim Unresolved in Violation of Clisby, Requiring Remand, by Dale Chappell
- New York Man Exonerated of Murder and Freed After 25 Years in Prison, by Douglas Ankney
- Predator or Patsy? Long Sentences for Those Caught in Victimless Child Sex Stings
- Ninth Circuit: Rehaif Error Requires Automatic Dismissal of Indictment, by Dale Chappell
- Fourth Circuit: Commercial Vehicle Permit Requirement Insufficient Grounds to Initiate Traffic Stop, by Anthony Accurso
- Eleventh Circuit: Private Probation Company With Financial Interest in its Sentencing Decisions Violates Due Process, by David Reutter
- California Court of Appeal: Confrontation Clause Violation Where Supervisor, Not Lab Tech Who Performed Drug Tests, Testified at Trial, by Anthony Accurso
- Fifth Circuit: Conviction Vacated Because No Reasonable Suspicion to Search Person in High-Crime Area, by Anthony Accurso
- Third Circuit: IAC Where Counsel Failed to Object to Accomplice-Liability Jury Instruction in Murder Case That Relieved State of Proving Specific Intent, by Dale Chappell
- Data Expose Demographics of Police Dog Bites, by Jayson Hawkins
- Seventh Circuit: Prisoner Has Right to Know Conditions of Supervised Release Prior to Being Released, by Douglas Ankney
- When a Hung Jury Is Enough, by Jayson Hawkins
- Audit of D.C. Forensics Lab Reveals History of Botched Forensic Analyses, by Casey Bastian
- Multi-Agency Task Forces Manipulate Jurisdiction to Avoid Liability, by Casey Bastian
- Inadequate and Outdated Training Results in Wild West Policing, by Michael Fortino, Ph.D
- New Michigan Law Expands Criminal Records Expungement, by Casey Bastian
- Athlete Settles Tasing Suit Against Milwaukee Police, by Edward Lyon
- Eighth Circuit Affirms Habeas Relief, Finds Arkansas Supreme Court Wrongly Denied Defendant’s Self-Representation Request, by Dale Chappell
- Police Unions Block Meaningful Criminal Justice Reform, by Casey Bastian
- How Arkansas Criminalizes Poverty, by Jayson Hawkins
- California Law Enforcement Strikes Out in 2020 Elections, by Kevin Bliss
- Massive Corruption of a Baltimore Task Force Exposed, by Casey Bastian
- NYPD Agrees to Alter Religious Headwear Policy, by Casey Bastian
- Massachusetts Supreme Court Announces Requirement Prosecution Prove Defendant Knew Firearm Was Loaded Applies Retroactively, by Douglas Ankney
- Prosecutors Who Demand Accountability From Everyone But Themselves, by Casey Bastian
- News in Brief
- Louisiana Supreme Court Vacates Murder Conviction for Speedy Trial Violation, by Dale Chappell
More from Dale Chappell:
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
More from these topics:
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025. Eighth Amendment, Felon Disenfranchisement Statute.
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025. Settlements, Habeas Corpus, Mail Regulations, Legal Mail.
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
- Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, Dec. 15, 2024. Habeas Corpus, Dismissal, Authority and Jurisdiction.
- Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony, Dec. 1, 2024. Informants, Habeas Corpus, Informants and Paid Witnesses, False Testimony.
- Public Defender Files Habeas Petitions for Detainees at “Horrific” Baltimore Lockup, Nov. 15, 2024. Failure to Treat, Conditions of Confinement, Hygiene Supplies, Disclosure of Records, Habeas Corpus.
- Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated, Nov. 1, 2024. Habeas Corpus, Custodial Interrogations/Statements, Counsel - Right to.
- Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge, Oct. 1, 2024. Habeas Corpus, Felon in Possession Statute, Ineffective Assistance of Counsel, Murder/Felony Murder.
