Byford v. State

OPINION1

Appellant Robert Byford was convicted of first-degree murder and received a sentence of death. This court affirmed Byford’s conviction and sentence in 2000.2 Byford then filed in proper person a timely postconviction petition in the district court seeking habeas relief and appointment of counsel. The district court appointed counsel to represent Byford, and counsel filed a supplement to the petition. The district court eventually denied the petition without conducting an evidentiary hearing.

Byford appealed, and in an unpublished order in 2005 we concluded that the district court had…