Legal Opinion

In Re Stuart

Supreme Court of Minnesota

Decided July 11, 2002No. C7-01-1824PublishedCited by 4 opinions

1Opinion of the Court

SYLLABUS

1. Mandamus is proper to compel district court to evaluate defendant's eligibility for services of state public defender in light of liquid assets including real estate.

2. The term "liquid assets" in Minn.R.Crim.P. 5.02, subd. 3(2), providing that a defendant qualifies for public defender services if he would be unable, through any combination of liquid assets and current income, to pay the costs charged by private counsel, may include the equity value of a defendant's real estate holdings.

OPINION

Respondent Roger Schleicher was indicted for first-degree murder and initially appeared…

2Cases cited24 opinions

  1. Gideon v. WainwrightSupreme Court of the United States · 1963
  2. Powell v. AlabamaSupreme Court of the United States · 1932
  3. State v. ZimmerSupreme Court of Kansas · 1967
  4. Fed. Sec. L. Rep. P 95,508 United States of America v. Norman RubinsonCourt of Appeals for the Second Circuit · 1976
  5. Cooper v. StateMississippi Supreme Court · 1994

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3Cited by4 opinions

  1. State v. JonesSupreme Court of Minnesota · 2009
  2. State v. JonesCourt of Appeals of Minnesota · 2008
  3. State v. JonesSupreme Court of Minnesota · 2009
  4. State v. JonesSupreme Court of Minnesota · 2009

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