Flangas v. State

OPINION

Appellant is an attorney who represented a defendant in a criminal prosecution. Before trial, the defense unsuccessfully attempted to serve a witness with a subpoena. At trial the defense sought to introduce the prior testimony of the witness. Instead of allowing introduction of the prior testimony, the court requested the state to find the witness. The witness was subsequently located and testified at trial.

The trial of appellant’s client resulted in a mistrial.1 The prosecution subsequently requested the court to award the state $86.58 against appellant as costs in locating the…