State v. Crowder

In determining that its decision was in conflict with Barnes, supra, the court of appeals requested that we settle the following question:

“ ‘Is an indigent petitioner entitled upon request as a matter of right under the provisions of the Public Defender Act, R.C. Chapter 120, to have counsel appointed to represent him at the evidentiary hearing held on the merits of his post-conviction petition pursuant to R.C. 2953.21, et seq.?’ ”

Specifically at issue in the instant cause is R.C. 120.16(A)(1) and (D), which provide as follows:

“(A)(1) The county public defender shall provide legal…