Quinlivan v. State
| Decision Date | 02 August 1971 |
| Docket Number | No. 10486,10486 |
| Citation | 487 P.2d 928,94 Idaho 334 |
| Parties | Edward J. QUINLIVAN, Plaintiff-appellant, v. The STATE of Idaho, Defendant-Respondent. |
| Court | Idaho Supreme Court |
Derr, Derr & Walters, Boise, for plaintiff-appellant.
W. Anthony Park, Atty. Gen., and Martin R. Ward, Deputy Atty. Gen., Boise, for defendant-appellee.
Edward J. Quinlivan was charged with first degree murder and, at trial, convicted by a jury. After conviction, he was sentenced to the Idaho State Penitentiary. No appeal was taken from the judgment of conviction. On March 19, 1969, Mr. Quinlivan filed a motion for post-conviction relief pursuant to I.C. §§ 19-4901 et seq. Accompanying this motion was a forma pauperis affidavit.
The Ada County Prosecutor's office responded with a motion for a more definite statement. On March 28, 1969 the district court ordered a hearing to inquire into three matters: (1) petitioner's forma pauperis allegation, (2) appointment of counsel to represent petitioner, and (3) the prosecuting attorney's motion for a more definite statement.
The hearing was held April 1, 1969. Appellant was not represented by counsel at this hearing. He was examined under oath as to his financial condition. During this testimony he admitted to having a $200 per month pension from the Marine Corps. When questioned further about this pension, he refused to answer and requested aid of counsel.
At this point the district judge recessed the hearing until April 16, 1969 to give the prosecutor an opportunity to inquire as to the status of Mr. Quinlivan's pension. When the hearing was resumed, appellant again refused to testify further about his financial condition without aid of appointed counsel.
From this hearing, the district judge concluded that appellant was not indigent and denied appointed counsel to represent him at the post-conviction hearing. Mr. Quinlivan has appealed this ruling by the district judge.
We hold that the district court properly declined to appoint counsel to represent appellant at his post-conviction relief hearing. I.C. § 19-851 et seq defines the right of needy persons to be represented by appointed counsel. These sections apply specifically to post-conviction proceedings in addition to other criminal proceedings. I.C. § 19-852(b)(3). 1 Inherent in the provisions which the legislature has made for supplying indigents with appointed counsel in criminal proceedings is the requirement that a person requesting the aid of court appointed counsel cooperate and furnish the court with all the information it requires to intelligently determine the extent of the individual's need. I.C. § 19-854(b) provides:
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State v. Smith, 7700
...court determination that Fifth Amendment privilege cannot "be used as a shield to avoid disclosure of assets"); Quinlivan v. State, 94 Idaho 334, 335, 487 P.2d 928, 929 (1971) ("a person cannot logically claim constitutional rights afforded to indigents and at the same time refuse to supply......
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State v. Jackson
...his Rule 35 motion.3 The burden of making an initial showing of need rests on the defendant. I.C. § 19-854(b); Quinlivan v. State, 94 Idaho 334, 335, 487 P.2d 928, 929 (1971). Third, Jackson claims that the district court's decision was in err because it exalted form over substance. However......
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Brown v. State
...to the applicant who is unable to afford counsel. Idaho Code § 19-852 also applies to proceedings under the UPCPA. Quinlivan v. State, 94 Idaho 334, 487 P.2d 928 (1971). That statute provides that a needy person convicted of a serious crime is entitled to be represented in any "post-convict......
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State v. Farfan-Galvan, Docket No. 42868
...Sixth Amendment rights. The burden of proving inadequate financial means to afford counsel is on the defendant. Quinlivan v. State, 94 Idaho 334, 335, 487 P.2d 928, 929 (1971). In the application for court-appointed counsel, Farfan-Galvan reported income of $2,800 per month and expenses of ......