Justin Isiah Burns, Appellant v. State of Arkansas, Appellee — Baker, J., Dissenting

Summary

Justice Baker's dissent would address the denial of Burns's day-of-trial motion for a continuance to obtain private counsel and affirm the circuit court because Burns failed to preserve the constitutional argument he raised on appeal. The dissent reasons that the continuance was within the circuit court's discretion and that Burns did not object or assert a constitutional violation when the motion was denied. Justice Hart, dissenting separately, would reach the merits of Burns's appeal based on his asserted constitutional right to appellate review of the jury-sentencing phase.