Commonwealth v. Godwin, 60 Mass. App. Ct. 605 (Mass. App. Div. 3/15/2004)

Citation60 Mass. App. Ct. 605
Decision Date15 March 2004
Docket NumberNo. 02-P-1106.,02-P-1106.
PartiesCOMMONWEALTH <I>vs.</I> VINCENT GODWIN.
CourtMassachusetts Appellate Division

Present: RAPOZA, GRASSO, & KANTROWITZ, JJ.

Practice, Criminal, Assistance of counsel. Constitutional Law, Assistance of counsel.

Discussion of the law regarding indigence as it relates to the right to court-appointed counsel. [608-610]

This court concluded that the burden is on a criminal defendant to demonstrate that his financial situation prevents him from securing counsel [610-611], and therefore, a trial judge properly ruled that a defendant who did not show he was indigent was not entitled to court-appointed counsel [611-614].

INDICTMENTS found and returned in the Superior Court Department on October 18, 2001.

Following a determination of nonindigency by Charles J. Hely, J., the cases were tried before E. Susan Garsh, J.

Thomas C. Foley for the defendant.

Marguerite T. Grant, Assistant District Attorney (Lincoln S. Jalelian, Assistant District Attorney, with her) for the Commonwealth.

KANTROWITZ, J.

The defendant appeals from his convictions on the sole basis that he was deprived of his right to court-appointed counsel, which raises the issue: What showing must a criminal defendant, who claims to be indigent, make to ensure that he receives court-appointed counsel? We hold that the defendant bears the burden of demonstrating that he is indigent and entitled to court-appointed counsel. Because our review of the record reveals that the defendant, an experienced criminal trial attorney from Virginia, did not meet this burden, we affirm the judgments.

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