Vannier v. Burk

The petitioner seeks a writ of mandamus to compel the court below to hold an eviden-tiary hearing to redetermine whether he qualifies for court appointed counsel. During the two and a half year investigation that led to -the indictment charging the petitioner with the first degree murder of his wife, private counsel represented the petitioner. When the indictment was returned in July 1993, the petitioner urged that pre-indictment defense expenses had exhausted his resources. The public defender was appointed and remained on the case until June 21, 1994, when, on motion of the county attorney,…