Swisher v. State

LANSING, Judge.

This is an appeal from an order summarily dismissing Arden Swisher’s application for post-conviction relief. On appeal, Swisher asserts that the district court erred in failing to rule upon Swisher’s request for appointed counsel before considering the merits of Swisher’s claims and by summarily dismissing Swisher’s application. We conclude that the district court committed error in failing to act upon Swisher’s motion for appointed counsel before the court addressed the merits of the application, but we further conclude that this error was harmless because the claims asserted…