Fuhrmann v. State

SCHULTZ, Justice.

The issue presented is whether the district court must appoint counsel for a pro se applicant for postconviction relief when the petition shows on its face that the action is barred by the statute of limitations. The district court granted the State’s motion to dismiss and did not rule on the applicant’s pending motion requesting the appointment of counsel. Under the facts of this case, we hold that the court’s action was proper.

On January 23, 1976, applicant Joachim Siegfried Fuhrmann was convicted of the crimes of first degree murder, attempted murder, and aggravated…