Lopez v. State

Summary

The Montana Supreme Court affirmed the Seventh Judicial District Court’s denial of Brian Lopez’s motion for appointment of counsel to pursue post-conviction relief. The Court held that appointment of counsel under § 46-8-104, MCA, is discretionary and that Lopez failed to show an abuse of discretion.

Holdings

1. The District Court did not abuse its discretion in denying Lopez's motion for appointment of counsel because appointment under section 46-8-104, MCA, is discretionary and Lopez failed to establish that the denial was an abuse of discretion.

Questions Presented

1. Whether the District Court abused its discretion by denying Lopez's motion for appointment of counsel to pursue postconviction relief.

Disposition

affirmed