Indigent Defendant

Sep 17, 2019

Criminal Law: Post-Conviction Relief-Appointment of Counsel-Indigent Defendant

CWhere a defendant who was determined to be indigent by the motion court challenged the denial of his motion for post-conviction relief without the appointment of counsel, the judgment is reversed and remanded because the appointment of counsel for indigent defendants is mandatory under Rule 29.15(e). Judgment is reversed and remanded. Clunie v. State (MLW […]

Apr 29, 2019

Criminal Law: Revocation of Probation-Payment of Jail Costs-Indigent Defendant

Following her release from prison on a probation violation, defendant was placed back on probation and ordered to pay “any outstanding court costs, Crime Victims Compensation Fund, intervention fees and restitution balances.” Four years later, defendant moved to retax costs, arguing she did not owe jail costs taxed to the state due to her indigent […]

Apr 22, 2019

Criminal Law: Indigent Defendant-Pro Se Motion-Appointment Of Counsel

Where a defendant challenged the denial of post-conviction motion without the appointment of counsel, the motion court clearly erred in denying the defendant’s request since Rule 29.15 requires the appointment of counsel when an indigent defendant files a pro se motion. Judgment is reversed and remanded. Giles v. State (MLW No. 73083/Case No. ED106555 […]

Feb 4, 2019

Criminal Law: Post-Conviction Relief-Indigent Defendant-Appointment of Counsel

Where a defendant challenged the dismissal of his motion for post-conviction relief arguing that Rule 24.035 required the appointment of counsel for an indigent movant, the judgment is reversed and remanded because the defendant filed his motion timely, he was indigent and the court failed to appoint counsel. Judgment is reversed and remanded. Bishop v. […]

Jan 4, 2019

Criminal Law: Appointment of Counsel-Indigent Defendant  

Where a defendant challenged a judgment denying his pro se motion to vacate or correct the judgment or sentence, arguing that the motion court violated his rights by denying his post-conviction motion without appointing counsel and allowing the filing of an amended motion, the judgment is reversed based on the appellate court’s recent ruling in […]

Aug 2, 2016