of due diligence prior to trial. Thus, as the evidence submitted clearly does not constitute newly discovered evidence, the trial court did not err in denying Mann’s motion for postconviction relief without granting him an evidentiary hearing. REPRESENTATION BY THE PUBLIC DEFENDER’S OFFICE IN NON-DEATH PENALTY POSTCONVICTION COLLATERAL PROCEEDINGS While the trial court accepted and ruled on the postconviction motion filed by the Public Defender’s Office, it concluded that the Public Defender’s Office did not, in fact, represent Mann because it had not been appointed to do so. We agree. A criminal defendant’s right to counsel is constitutionally mandated regarding representation at trial and on direct appeal. See Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963)(<HOLDING>); Douglas v. California, 372 U.S. 353, 83 S.Ct.
recognizing that the sixth amendment guarantees a defendant the right to counsel and the right to waive counsel holding that the sixth amendment right to counsel embodies the right to effective assistance of counsel holding that the fourteenth amendment incorporated the sixth amendment right to counsel holding that under the sixth amendment a criminal defendant may waive his right to counsel if that waiver is knowing intelligent and voluntary holding that a criminal defendant has a sixth amendment right to counsel at trial