Cox v. State

The appellant in this case was sentenced to death for capital murder on June 30, 1990, and received a Rule 36.4 warning at time of sentencing. Counsel for the appellant then moved to withdraw. On July 26,1990, the appellant filed his motion, pro se, within thirty days of sentencing in support of his counsel’s motion to withdraw. He further moved to proceed under Rule 37 and for the appointment of new counsel “to file an appeal for ineffective assistance of counsel.” (Though Rule 36.4 was then in effect he couched his motion in terms of Rule 37.) His reference tp Rule 37 implies a request for…