Whitehead v. State

Harwell, Chief Justice:

We granted certiorari to review the dismissal of Samuel E. Whitehead’s (Whitehead) application for postconviction relief (PCR). Whitehead contends that the PCR judge erred by failing to appoint counsel or obtain a knowing and intelligent waiver of the right to counsel. We reverse and remand for a new PCR hearing.

I. PACTS

Whitehead pleaded guilty to first-degree burglary and committing a lewd act on a minor. His first PCR application was dismissed as meritless. We denied his petition for writ of certiorari to review that ruling.

Whitehead filed a second PCR application and…