56768 Precedential Processed

State v. Carruth

Louisiana Supreme Court · Filed December 8, 1975 · 324 So. 2d 400

Also decided on this docket: La., October 10, 1975 319 So. 2d 448

Cited by

State v. Thomassie 490 So. 2d 1121 La. Ct. App. 1st Cir. 1986
In Interest of Lamm 423 So. 2d 1210 La. Ct. App. 4th Cir. 1982
State v. Doucet 352 So. 2d 222 La. 1977
State v. Jackson 324 So. 2d 398 La. 1975
State v. Cummings 324 So. 2d 401 La. 1975

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Bryant 324 So. 2d 389

Opinion text

324 So.2d 400 (1975) STATE of Louisiana v. Donald CARRUTH. No. 56768. Supreme Court of Louisiana. December 8, 1975. Rehearing Denied January 16, 1976. *401 William J. Guste, Jr., Atty. Gen., Barbara Rutledge, L. J. Hymel, Jr., Asst. Attys. Gen., Della H. Boyd, Staff Atty., Baton Rouge, Ossie Brown, Dist. Atty., for plaintiff-relator. Wray & Robinson, Bert K. Robinson, Baton Rouge, for defendant-respondent. DIXON, Justice. After his client was sentenced, Bert K. Robinson, who had been appointed to represent the indigent defendant, moved the court to fix his fee and tax it as costs to be paid by the State of Louisiana, Parish of East Baton Rouge and City of Baton Rouge. The attorney's fee was fixed at $1000.00 and a "judgment" was signed in favor of Robinson and against the State of Louisiana. We granted writs on application of the State. There is nothing in the record before us applicable to the question presented except the motion of the attorney, the "judgment" and the brief of the attorney. The brief is not (nor should it be) factually informative. Its theme is that lawyers for indigents should be paid. We agree. However, we are cited to no authority permitting a summary proceeding against the State in a criminal case resulting in a judgment against the State. Were there no statutory device for compensating appointed lawyers, extraordinary judicial measures in aid of the jurisdiction of the court might be required. There is, however, statutory material governing the appointment and compensation of attorneys appointed to represent indigent defendants. R.S. 15:141. See State v. Bryant et al., La., 324 So.2d 389 , decided this date. The judgment of the district court of August 1, 1975 is reversed.