Public-domain · open source
OpenJurist

324 So. 2d 400

Docket No. 56768.

State v. Carruth

STATE of Louisiana v. Donald CARRUTH.

Supreme Court of Louisiana

Decided December 8, 1975.

Rehearing Denied January 16, 1976.

Supreme Court of Louisiana · decided 1975-12-08

Cited by 5 later decisions — most recently June 1986

5 state decisions

Key passage — most relied on by later courts

“"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." (Emphasis mine)”

quoted by 1 later decision, including In Interest of Lamm

Relies on 324 So. 2d 389 - State v. Bryant

Good law ✅— No negative treatment on recordhow we know

Decided 1975-12-08

View the full empirical analysis of this case →

¶1*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.

¶2Wray & Robinson, Bert K. Robinson, Baton Rouge, for defendant-respondent.

¶3DIXON, Justice.

¶4After 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.

¶5There 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.

¶6However, 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.

¶7The judgment of the district court of August 1, 1975 is reversed.

/324/so2d/400 · .json · Public domain