McKnight v. State

Waller, Justice:

McKnight was convicted of resisting arrest and criminal domestic violence, third offense. No direct appeal was taken. He filed an application for postconviction relief which was dismissed after an evidentiary hearing. We reverse, finding McKnight was denied his Sixth Amendment right to counsel when the trial proceeded in counsel’s absence.

FACTS

McKnight’s trial lasted two days. On the morning of the second day, the jury was brought into the courtroom, where the following occurred:

THE COURT: Has anyone heard or seen from [defense counsel]?

(No Response)

THE COURT: All right.…