Kargus v. State

The opinion of the court was delivered by

Luckert, J.:

This case raises two principal questions. First, does a criminal defendant whose felony conviction and sentence have been affirmed by the Court of Appeals have a right to effective assistance of appointed appellate counsel when fifing a petition requesting this court’s discretionary review of the Court of Appeals’ decision? Second, if a defendant does have such a right in a direct appeal, is the right denied when appointed counsel fails to file a petition after the defendant has requested that a petition be filed? To resolve the second…