Phelps v. State

OPINION

Appellant filed in proper person a post-conviction petition for a *1022writ of habeas corpus on December 27, 1994. The district court denied appellant’s petition on December 30, 1994, without ordering the state to respond, and without appointing counsel or conducting an evidentiary hearing. Appellant filed a timely motion for reconsideration of the order of denial. On February 2, 1995, the district court denied appellant’s motion. Appellant filed a notice of appeal on February 13, 1995.1

We ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. We…