Bohe v. State

Summary

The North Dakota Supreme Court affirmed the denial of Merle Thomas Bohe’s application for postconviction relief. The court held that the district court did not misapply the indigent-defense eligibility guidelines or abuse its discretion in declining to find exceptional circumstances, and summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Holdings

1. Bohe bore the burden of showing that he was indigent, and the district court did not misapply the indigent-defense eligibility guidelines in finding that he had not met that burden.
2. The district court did not abuse its discretion or clearly err by denying Bohe's applications for indigent-defense counsel.

Questions Presented

1. Whether the district court misapplied the Guidelines to Determine Eligibility for Indigent Defense Services in determining that Bohe was not indigent.
2. Whether the district court denied Bohe his constitutional right to appointed counsel by failing to consider alleged exceptional factors in determining his indigent status.
3. Whether the district court clearly erred or abused its discretion in denying Bohe's applications for indigent-defense counsel.

Disposition

affirmed