In re People v. Nicholas Feyd Greer

Summary

The Colorado Supreme Court holds that income from household members who contribute financially to the household must be excluded from an indigency determination when that income is unavailable to the defendant. Applying this rule, the court concludes that Nicholas Feyd Greer lacks the practical means to retain counsel because his parents’ income, though used to cover household expenses, is inaccessible to him. The court makes the C.A.R. 21 rule absolute and remands for further proceedings.

Holdings

1. The court exercised original jurisdiction because Greer lacked another adequate remedy and the petition presented an issue of first impression and significant public importance concerning eligibility for court-appointed counsel.
2. Income from members of a defendant's household who contribute monetarily to the household must be excluded from the indigency determination when that income is unavailable to the defendant.
3. Greer was indigent because, considering his complete financial situation, he lacked the necessary funds on a practical basis to retain counsel; his parents' inaccessible income could not be counted against him.

Questions Presented

1. Whether the Colorado Supreme Court should exercise original jurisdiction under C.A.R. 21.
2. Whether income from household members who contribute monetarily to the household must be included in determining a defendant's indigency when that income is unavailable to the defendant.
3. Whether Greer was indigent and entitled to court-appointed counsel under CJD 04-04 and Colorado law.

Disposition

writ_granted