Resendez v. Knight

Ct. of Appeals granted defendant's pro se application for certificate of appealability of Dist. Ct.'s denial of his habeas petition alleging that state court denied his right to counsel in his request to correct his sentence under Ind. Code, section 35-38-1-15. While defendant has no right to counsel in post-conviction proceedings, defendant raised colorable argument that Indiana procedure set forth in section 35-38-1-15 was form of direct appeal for purposes of triggering his constitutional right to counsel.