State v. Buelow

The defendants, Ralph and Carol Bue-low, appeal their judgments of conviction of being parties to the crime of arson. The Buelows claim they were denied their right to counsel because of the trial court’s finding that they were not indigent and could not have public defender representation. The Buelows assert that it is the public defender and/or the prosecution who carries the burden of establishing nonindigency and that the evidence introduced was insufficient to establish non- indigency. We disagree. The burden of proof to establish indigency is on the defendant who seeks appointed…