OSTERKAMP v. BROWNING

No. 2 CA-SA 2010-0091.

250 P.3d 551 (2011)

Jacob T. OSTERKAMP, Petitioner, v. Hon. Christopher BROWNING, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and The State of Arizona, by and through the Pima County Attorney, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department B.

February 25, 2011.


Attorney(s) appearing for the Case

Isabel G. Garcia , Pima County Legal Defender By Joy Athena , Tucson, Attorneys for Petitioner.

Barbara LaWall , Pima County Attorney By Jacob R. Lines , Tucson, Attorneys for Real Party in Interest.


OPINION

VÁSQUEZ, Presiding Judge.

¶ 1 In this special action, petitioner Jacob Osterkamp challenges the respondent judge's order denying his request for counsel in the underlying post-conviction proceeding. For the reasons stated below, we accept jurisdiction and hold that Rule 32.4, Ariz. R.Crim. P., entitles an indigent, pleading defendant to the appointment of counsel in the defendant's second, timely filed post-conviction proceeding...

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