State v. Ball

STONE, Judge.

We reverse an order directing the state and county to pay private counsel attorney’s fees to Appellee following his acquittal on criminal charges. The trial court lacks authority to enter such an order.

Appellee claims, inter alia, that fairness requires that the state, or county, be held accountable for attorney’s fees incurred by an acquitted defendant that result from the state’s pursuit of unproved charges. Appellant reasons that the failure to reimburse non-indigent acquitted defendants for their private attorney’s fees is unconstitutional discrimination since acquitted…