Edward J. Quinlivan was charged with first degree murder and, at trial, convicted by a jury. After conviction, he was sentenced
to the Idaho State Penitentiary. No appeal was taken from the judgment of conviction. On March 19, 1969, Mr. Quinlivan filed
a motion for post-conviction relief pursuant to I.C. ยงยง 19-4901 et seq. Accompanying this motion was a
forma pauperis affidavit. The Ada County Prosecutor's office responded with a motion for a more definite statement. On March 28, 1969 the district
court ordered a hearing to inquire into three matters: (1) petitioner's forma pauperis allegation, (2) appointment of counsel
to represent petitioner, and (3) the prosecuting attorney's motion for a more definite statement.
