State v. Rice

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State v. Rice

Case Number
S-15-0932
Call Date
October 5, 2016
Court Number
Douglas
Case Summary

S-15-0932 State v. David L. Rice (Appellant)

Douglas County District Court, Judge James T. Gleason

Attorneys: Katie L. Benson (County Attorney's Office) --- Timothy L. Ashford (Appellant)

Civil: Reimbursement of costs and fees

Proceedings below: Appellant's counsel, Timothy Ashford, was appointed to represent him in his post-conviction action. The district court denied payment of attorney's fees. Appellee waived its right to file a brief.

Issues: The district court erred in 1) denying the request by Attorney Timothy Ashford for payment of fees in the Amended Application of Appointed Counsel for Reimbursement of Costs and Fees in the Nebraska Supreme Court because an application for attorney fees and expenses pursuant to Neb. Rev. St. ' 29-3905 states the court, upon hearing the application, shall fix reasonable expenses and fees, 2) denying the request for payment of fees in the Amended Application of Appointed Counsel for Reimbursement of Costs and Fees in the Nebraska Supreme Court because an application for attorney fees and expenses must be granted where the record demonstrates that the amount requested was reasonable and there is no evidence or indication otherwise that the amount is unreasonable, 3) denying the request for payment of fees because the law clearly states statute governing compensation for court-appointed attorneys in criminal cases requires that those attorneys be paid reasonable fees and reasonably necessary expenses for services performed pursuant to their appointment, and 4) denying the request for payment of fees because it is inappropriate for a trial court in a criminal case to make dispositive rulings on appointed counsel's fee applications given trial court's participation in hearing.