Marek v. State (Majority)Annotate this Case
The Supreme Court remanded this matter - which regarded Petitioner's pro se motions seeking to belatedly appeal his conviction, permission to proceed in forma paupers, and appointment of counsel - to the trial court for an evidentiary hearing, holding that the proper disposition of the matter required findings of fact.
In his motion for belated appeal, Petitioner alleged that after he was convicted for aggravated assault on a family/household member he advised his retained attorney that he wished to appeal but that his attorney had failed to file a timely notice of appeal. The record did not contain an order relieving his attorney, so the question at issue was whether and when Petitioner communicated to his attorney that he wished to appeal and whether his attorney acted within an objective standard of reasonableness in not pursuing an appeal. The Supreme Court held that the proper disposition required findings of fact, and therefore, the matter must be remanded to the trial court for an evidentiary hearing.