Wilbanks v. State

LANSING, Judge.

Following a felony conviction, Mark Shane Wilbanks filed an application for post-conviction relief. A magistrate who had been appointed to hear the felony proceeding as a district judge pro tempore also presided over the post-conviction action and denied Wilbanks’ application following an evidentiary hearing. On appeal, Wilbanks contends that the magistrate lacked authority to hear or render a decision in the post-conviction action, and that the magistrate erred in finding that Wilbanks was not deprived of effective assistance of counsel in the underlying criminal case. We…