Dearybury v. State

Chief Justice TOAL:

Petitioner was convicted of criminal domestic violence (CDV) in municipal court. No direct appeal was taken. Al*37most four years later, Petitioner filed an application for post-conviction relief (PCR). The PCR court denied Petitioner relief. We remand for a hearing to determine whether Petitioner knowingly and voluntarily proceeded pro se at trial.

FACTUAL / PROCEDURAL BACKGROUND

In August 1996, Petitioner and his wife were separated and had filed for divorce. Petitioner retained an attorney to represent him in the divorce action. Shortly thereafter, on September 10, 1996,…