Cutbirth v. State

This appeal follows denial of post-conviction relief to the convicted defendant in two separate proceedings. Rickey Cutbirth first filed a pro-se motion for a new trial on the basis of newly discovered evidence, followed by a petition for post-conviction relief alleging trial error. An application for the appointment of counsel actually was not made at the commencement of either proceeding. Counsel was appointed for legal assistance on the motion for new trial but not for the post-conviction-relief petition which was summarily denied without hearing. Later, following a hearing but without the…