Quinlivan v. State

SPEAR, Justice.

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 appeal was taken from the judgment of conviction. On March 19, 1969, Mr. Quinlivan filed a motion for post-conviction relief pursuant to' I.C. §§ 19-4901 et seq. Accompanying this motion was a' forma pauperis affidavit.

The Ada County Prosecutor’s office responded with a motion for a more definite statement. On March 28, 1969 the district court ordered a hearing to inquire into three matters: (1) petitioner’s forma…