Marcyniuk v. Payne (8th Cir. July 2022)
Eighth Circuit, IAC Claims, Recent Circuit Cases, Section 2254|
The Eighth Circuit affirmed a district court’s denial of a defendant’s 2254 motion which had been based on the defendant not being present when certain jurors were stricken off-the-record and before jury selection began. The Court reasoned that the claim was barred by defendant’s failure to raise it earlier, despite the fact that the records regarding the jury selection had been separately held by the clerk and not transmitted with the record during the prior direct appeal.