192369P.pdf   12/18/2020  Elliott Finch, Jr.  v.  Dexter Payne
   U.S. Court of Appeals Case No:  19-2369
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
   [PUBLISHED] [Shepherd, Author. with Loken and Erickson, Circuit Judges] 
   Prisoner case - Habeas. The court's review of the grant of habeas is 
   limited to determining whether the Arkansas Supreme Court's disposition of 
   Finch's case involved an objectively unreasonable application of clearly 
   established Federal law; at his trial, Finch made a clear and conclusive 
   invocation of his right to proceed pro se and the Arkansas Supreme Court's 
   finding to the contrary was objectively unreasonable; there was no 
   evidence in the record that Finch was attempting to manipulate, subvert or 
   delay the trial process and the Arkansas Supreme Court's finding that his 
   conduct would have prevented the fair and orderly exposition of the issues 
   was objectively unreasonable; the State's argument that there was a 
   determination that Finch was incapable, under Faretta, of waiving his 
   right to counsel was not presented to the district court and would not be 
   considered on appeal; the grant of habeas relief is affirmed.