Hepfel v. Bashaw, 46571.
| Decision Date | 11 June 1976 |
| Docket Number | No. 46571.,46571. |
| Citation | Hepfel v. Bashaw, 279 N.W.2d 341 (Minn. 1976) |
| Parties | Lorna Lee HEPFEL, by her guardian ad litem, Richard Hepfel, Respondent, v. Steven J. BASHAW, Petitioner. |
| Court | Minnesota Supreme Court |
Hillstrom, Phelps & Bird, LaCrescent, and Ross A. Phelps, for petitioner.
Considered and decided by the court without oral argument.
Petitioner, Steven J. Bashaw, seeks a writ of mandamus directing the Houston County District Court to appoint counsel to represent him as an indigent in a civil paternity proceeding commenced pursuant to Minn.St. 257.251, et seq.
On December 5, 1975, a paternity proceeding was commenced by Lorna Lee Hepfel, the respondent herein, to determine the petitioner's liability for the support of a child born to her on September 17, 1975. Pursuant to Minn.St. 257.254, respondent is represented in the proceeding as an indigent by the Houston County Attorney. As a result, and pursuant to his claim of indigency, defendant on December 12, 1975, moved the district court for an order appointing counsel to represent him in the proceeding. Following a hearing on January 2, 1976, the motion was denied upon the basis that the court lacked statutory authority to provide appointed counsel for this indigent defendant.
In his petition for a writ of mandamus, defendant asserts that since counsel has been provided for plaintiff,...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
-
Williams v. O'NEILL
...444 U.S. 900, 100 S.Ct. 209, 62 L.Ed.2d 136; Artibee v. Cheboygan Circuit Judge, 397 Mich. 54, 243 N.W.2d 248 (1976); Hepfel v. Bashaw, 279 N.W.2d 341 (Minn. 1979). While the rationales of these cases differ one from another, common to them all is the theme that a paternity action, even whe......
-
In The Matter Of The Welfare Of The Children Of J.B., No. A09-1146.
...provisions or the exercise of the inherent power of the courts. See, e.g., Minn.Stat. § 257.69, subd. 1 (2008); Hepfel v. Bashaw, 279 N.W.2d 341, 341 (Minn.1976) (paternity cases); Minn.Stat. § 253B.07, subd. 2c (2008) (civil commitment matters); Minn.Stat. § 524.5-304(b) (2008) (guardiansh......
-
Hepfel v. Bashaw
...paternity to appoint counsel to represent him in the paternity proceeding. The motion was denied. In a per curiam opinion issued June 11, 1976, 279 N.W.2d 341, we directed on the facts peculiar to that case that the district court appoint counsel. The county attorney's petition for rehearin......
-
Berrisford v. Berrisford
...tests and urged their use in paternity actions. See, State, on Behalf of Ortloff v. Hanson, 277 N.W.2d 205 (Minn. 1979); Hepfel v. Bashaw, 279 N.W.2d 341 (Minn.1979); Benson v. LaBatte, 288 N.W.2d 684, 685 (1979). In 1980, the legislature enacted the Parentage Act, Minn. Stat. §§ 257.51 to ......
-
Section 28.13 Right to Counsel
...after determination of paternity could result in incarceration. See: Reynolds v. Kimmons, 569 P.2d 799 (Alaska 1977) Hepfel v. Bashaw, 279 N.W.2d 341 (Minn. 1976) Salas v. Cortez, 593 P.2d 226 (Cal. 1979) On the other hand, because a paternity action is basically civil in nature, a right to......