Bain v. State

LAWRENCE E. MOONEY, Judge.

Movant Keith Bain appeals the motion court’s dismissal of his February 9, 2001 postconviction-relief motion without appointment of counsel. According to mov-ant, the motion court erred in both failing to appoint counsel for his February 2001 motion and in dismissing such motion given that it was neither untimely nor successive. Because we hold movant should have been appointed counsel and that his February 2001 motion was neither untimely *626filed nor successive, we reverse and remand.

In 1998, a jury convicted movant of various felonies. Movant attempted to file a…