STATE v. CROWDER

Nos. 90-1195 and 90-1541.

60 Ohio St. 3d 151 (1991)

THE STATE OF OHIO, APPELLEE, v. CROWDER, APPELLANT.

Supreme Court of Ohio.

Decided June 12, 1991.


Attorney(s) appearing for the Case

Michael Miller, prosecuting attorney, and Bonnie L. Maxton, for appellee.

Randall M. Dana, Ohio public defender, Gregory L. Ayers and Timi J. Townsend, for appellant.

Ken Murray, urging reversal for amicus curiae, Ohio Association of Criminal Defense Lawyers.


DOUGLAS, J.

In determining that its decision was in conflict with Barnes, supra, the court of appeals requested that we settle the following question:

"`Is an indigent petitioner entitled upon request as a matter of right under the provisions of the Public Defender Act, R.C. Chapter 120, to have counsel appointed to represent him at the evidentiary hearing held on the merits of his post-conviction petition pursuant to R.C. 2953.21, et seq.?'"

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