Allen v. Daker (and Vice Versa)

Summary

The court held that Daker was denied his constitutional right to counsel during his motion for new trial and direct appeal because the record showed no express or functional waiver of appellate counsel. It also held that indigency determinations for appointed representation are assigned to the circuit public defender, not the trial court, although Daker was entitled to a new determination when the post-conviction process began anew. The court affirmed in part, reversed in part, and remanded for an out-of-time direct appeal.