Weiner v. Dial

ONION, Presiding Judge,

concurring.1

The question presented by this proceeding is whether counsel, appointed for the purpose of an appeal of a felony conviction and who has been compensated for such appeal, is entitled to additional compensation for the purported appeal of an order refusing to issue a writ of habeas corpus to reduce bail (pending appeal of felony conviction). Petitioner contends there are two separate appeals for which he is entitled to separate fees.

I agree that the application for writ of mandamus should be denied, but I cannot agree that this court should do so on the basis…