Barnes v. Cupp

The state appeals from an order granting a petition for post-conviction relief and dismissing the charges against petitioner with prejudice.

The essential facts are as follows:

Petitioner was arrested on Friday, August 5, 1977, when he attempted to cash a check he had stolen from the home of his employer. He was eventually charged with burglary in the first degree and forgery in the first degree. The post-conviction court found that petitioner first appeared in court on Wednesday, August 10, although no record was made. Apparently an attorney was appointed at that time who consulted with…