Osterkamp v. Browning

OPINION

VÁSQUEZ, Presiding Judge.

¶ 1 In this special action, petitioner Jacob Osterkamp challenges the respondent judge’s order denying his request for counsel in the underlying post-conviction proceeding. For the reasons stated below, we accept jurisdiction and hold that Rule 32.4, Ariz. R.Crim. P., entitles an indigent, pleading defendant to the appointment of counsel in the defendant’s second, timely filed post-conviction proceeding so that he may investigate and possibly assert a claim that counsel in the defendant’s first, “of-right” post-conviction proceeding had rendered ineffective…