Andre Burton v. Kevin Chappell

The Court affirms the grant of a petition for writ of habeas corpus in this death penalty case by holding that the California courts did not determine—in a full, fair, and adequate hearing—the merits of Andre Burton’s request for self-representation during his murder trial. I respectfully disagree because I am not persuaded that the California Supreme Court decision was contrary to the Constitution and laws of the United States. Rather, under the version of 28 U.S.C. § 2254 applicable before the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), habeas corpus…