Hardaway v. County of Lexington

Moore, Justice:

This appeal is from an order in a capital murder case ordering appellant (County) to pay costs and attorneys’ fees in excess of those provided under the Defense of Indigents Act. In so ruling, the trial judge retroactively applied our decision in Bailey v. State, — S.C. —, 424 S.E. (2d) 503 (1992).

We reverse.

FACTS

Respondents are attorneys who were appointed to represent Robert Haskell Southerland, an indigent defendant in a capital murder case tried before our decision in Bailey was issued. Respondents moved for the trial judge to set reasonable hourly rate for attorneys’ fees…