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People Ex Rel. Baker v. Power
330 N.E.2d 857
Ill.
1975
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PER CURIAM:

The portion of the motion by petitioner for leave to file a petition for an original writ of mandamus or prohibition is denied. The part of the motion for issuance of the supervisory order is allowed.

It appears from the papers on file in this cause that petitioner’s request for the appointment of counsel has been denied without a determination of defendant’s indigency, on the ground that petitioner is at liberty on bail. This ruling was erroneous. (People v. Eggers, 27 Ill.2d 85.) In the exercise of this court’s supervisory jurisdiction, it is ordered that the order denying appointment of counsel be vacated and that the court conduct a hearing to determine whether petitioner is indigent and qualified for the appointment of counsel without regard to petitioner’s release on bail.

Writ denied; supervisory order entered. *

Notes

*

An identical order was entered in People ex rel. Collins v. Power, No. 46734, on May 29, 1974.

Case Details

Case Name: People Ex Rel. Baker v. Power
Court Name: Illinois Supreme Court
Date Published: Jan 23, 1975
Citation: 330 N.E.2d 857
Docket Number: 47268
Court Abbreviation: Ill.
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