State v. Krum

FELDMAN, Chief Justice.

The state petitioned for review of a court of appeals’ opinion holding that Defendant Jack Krum is entitled to an evidentiary hearing in this post-conviction relief (“PCR”) proceeding. We granted review of the following issues:

1. Did the Court of Appeals err as a matter of law by finding a statutory right to counsel in a post-conviction proceeding is enforceable by the doctrine of effective assistance?

2. Did the Court of Appeals err by recognizing third party affidavits in this instance to establish a colorable claim of newly discovered evidence?

We have jurisdiction…