Swader v. State

EISMANN, Justice.

This is an appeal from an order dismissing Appellant’s petition for post-conviction relief. The issue is whether the district court erred by failing to appoint counsel for the Appellant before dismissing her petition. We hold that it did. We therefore vacate the judgment of dismissal, reverse the order denying appointment of counsel, and remand for further proceedings.

I. FACTS AND PROCEDURAL HISTORY

In February 2000, Kalina Swader (Swader) was convicted by a jury of manufacturing marijuana, manufacturing marijuana where children are present, trafficking by attempted…