Quinlivan v. StateQuinlivan v. State
- Reporters:
- , ,
- Before:
- Spear
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 appеal was taken from the judgment of conviction. On March 19, 1969, Mr. Quinlivan filed a motion for рost-conviction relief pursuant to’
The Ada County Prosecutor’s office respоnded with a motion for a more definite statement. On March 28, 1969 the district court ordеred a hearing to inquire into three matters: (1) petitioner’s forma paupеris allegation, (2) appointment of counsel to represent petitiоner, arid (3) the prosecuting attorney’s motion for a more definite statement.
The hearing was held April 1, 1969. Appellant was not represented by counsel аt this hearing. He was examined under oath as to his financial condition. During this testimony hе 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 counsеl.
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
From this hearing, the district judge conсluded that appellant was not indigent and denied appointed counsеl 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-cоnviction relief hearing.
“(b) In determining whether a person is a nеedy person and in determining the extent of his inability to pay, the court concerned may consider such factors as income, property owned, outstanding obligations, and the number and ages of his dependents. Release on bail does not necessarily prevent him from being a needy person. In .each, case, the person shall, subject to the. penalties for perju ry, certify-in.writing ,о,r-by-.other record such material factors relating .-to his ability to pay as the court prescribes.” ■ (em-. phasis added) ’ -
Appellant did not furnish information pertaining to “ * * * such matеrial factors relating to his ability to pay as the court prescribed],” and is -therefore not entitled to relief.
The requirement that a person seeking appointed counsel ‘provide the district court with evidence of his finanсial status is not unreasonable and does not derogate from the right of indigents undеr the Sixth Amendment to the United States Constitution. Other courts have held that the burden of mаking an initial showing of need is on the person claiming indigency. State v. Anaya, 76 N.M. 572, 417 P.2d 58 (1966); Allen v. People, 157 Colo. 582, 404 P.2d 266 (1965); cf. State v. Powers, 75 N.M. 141, 401 P.2d 775 (1965).
We hold that a person cannot logically claim constitutional rights afforded to indigents and at the same time refuse to supply information necessary to establish his status as án indigent.
The order of the district court is affirmed
McQUADE, C. J., and McFADDEN, DONALDSON and SHEPARD, JJ., concur.
Notes
. * * *
“(3) to be represented in any other post-conviction proceeding that’ the attorney or the needy рerson considers appropriate, unless the court in which the proceeding is brought determines that it is not a proceeding that a reasonable person with adequate means would be willing to bring at his own expense arid is therefore a frivolous proceeding.”’