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Statute requires state to pay attorney fees on inmate’s appeal

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Indiana Code 33-37-2-4 requires the state to pay appellate attorney fees and expenses when an inmate commits a crime in a state correctional facility, the Indiana Court of Appeals held Wednesday.

The state appealed the order from Madison County that it pay $5,232.35 in attorney fees and expenses to Anthony Lawrence, who was appointed by the court to file an appeal on behalf of Jeffrey Cook. Cook, an inmate at the Pendleton Correctional Facility, was convicted of murdering another inmate who was a member of a rival gang. Cook was found to be indigent and appointed a public defender for trial. The state paid for the defender, but challenged the bill to pay Lawrence’s fees.

Madison Circuit Judge Dennis Carroll, when ordering the state to pay, noted it had been a longstanding practice for the state to pay the trial and appeal costs of inmates.

The state claimed that the burden of paying for appeals should fall on Madison County. The Court of Appeals held that I.C. 33-37-2-4, which recognizes the financial burden placed on counties containing state correctional facilities, shifts that burden to the state for trial and appellate costs.

“Not requiring the State to pay for the inmate’s appellate attorney fees and expenses—when it pays for the expenses at the trial-court level—would be inconsistent with the statute’s underlying policy and goals and would bring about an unjust result,” Chief Judge Nancy Vaidik wrote in In re the Order for the Payment of Attorney Fees and Reimbursement of Expenses, State of Indiana v. Jeffrey Cook, 48A02-1307-MI-615. “This is because the counties have no control if an offender is placed in a facility in its county.”

Vaidik pointed out that the state can dispute counsel’s requested attorney fees and expenses as unreasonable before the trial court orders it to pay those fees. The state could also hire a public defender at a salary to defend the inmates at trial and to file their appeals, she wrote.
 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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