Ware v. State

This is an appeal from an order dismissing, without an evidentiary hearing, a petition for postconviction relief alleging denial of peti tioner’s constitutional right to counsel. Although such summary disposition is ordinarily inappropriate, we think the situation in this case is sufficiently exceptional to preclude reversal.

1. Petitioner’s first contention is that he was wholly denied counsel at a critical stage in the criminal proceeding when, at arraignment and prior to availability of counsel, the trial court directed the entry of a plea of not guilty. Petitioner does not, however,…