Key legal question
Whether the denial of free legal aid for the cantonal complaint violated the constitutional right to legal aid.
Extracted holding
No. Given the evidence on file, the cantonal complaint had little chance of success and was therefore rightly treated as hopeless.
Extracted reasoning
Under Art. 29(3) BV, free legal aid is granted only if the claim is not hopeless. The federal court found that the appellant merely disputed identification on the radar photos, while the vehicle was undisputedly his and the circumstances supported the inference that he was the driver. The appellate president could therefore deem the complaint unlikely to succeed.