State v. Silver

(specially concurring).

I specially concur to answer the claims of error and to emphasize the importance of the issues.

This court is burdened with Rule 93 [§ 21-1-1(93), N.M.S.A.1953 (Repl.Vol. 4)], and the Indigent Defense Act of 1968, § 41-22-1 through § 41-22-10, N.M.S.A. 1953 (Repl.Vol. 6, Supp.1969).

Indigent defendants are entitled to free representation in trial and appellate work. If the appointed attorney is not an expert criminal lawyer, claims of error may not be properly made during trial, nor properly preserved for review. If the claimed error is not decided, the indigent defendant…