Olson v. State

Toal, Justice:

This appeal arises from the trial court’s retroactive application of Bailey v. The State of South Carolina, — S.C. —, 424 S.E. (2d) 503 (1992), to award attorney fees in excess of the State’s statutory fee obligation for death penalty defense. We reverse.

FACTS

Christopher Olson was appointed in July 1991 to defend Larry Eugene Hall for a murder trial in which the State sought the death penalty. Prior to trial,1 Olson filed a complaint in September 1991 in the Pickens County Court of Common Pleas seeking payment of attorney fees in excess of the State’s statutory obligation for…