Austin v. State

This case is before the Court on a Petition for Rehearing. Opinion number 23256, filed August 27, 1990, is withdrawn and the following Opinion is substituted as the Opinion of this Court. This case involves an appeal from the summary dismissal of petitioner’s application for post-conviction relief (PCR). We reverse and remand for an evidentiary hearing.

Petitioner’s original application for PCR was denied after a hearing. Petitioner subsequently filed this application alleging only that his PCR counsel was ineffective in failing to seek appellate review of the denial of PCR.

The right to seek…