Waters v. State

ROBERT M. BELL, Judge.

The primary issue presented by this application for leave to appeal is whether Jack Waters, Jr., applicant, is entitled to an evidentiary hearing on this, his third petition for Post Conviction Relief. The secondary issue is whether a petitioner may litigate in a post conviction proceeding the question of appellate counsel’s competence. We resolve both issues in favor of applicant and, therefore, will grant his application.

1. Evidentiary Hearing

The conviction which is the subject of this proceeding was entered on April 14, 1976. Applicant filed his first post conviction…