Johns v. Johnson

In this habeas corpus case, petitioner appeals a judgment dismissing his claims and requiring petitioner to pay attorney fees. He assigns error to the award of attorney fees. We vacate the award of attorney fees and otherwise affirm.

The facts relevant to the disposition of the appeal are not contested. On June 6, 1997, petitioner initiated this action for habeas corpus relief. The trial court dismissed the action. Petitioner appealed. He requested court-appointed counsel to assist with the appeal, and this court granted the request. The state filed a motion for summary affirmance, and we…