MATTER OF ESTATE OF BENNEY

No. 88SC619.

790 P.2d 319 (1990)

In the Matter of the Estate of Mary Elizabeth BENNEY, Deceased, The PEOPLE of the State of Colorado, Petitioner, v. Robert A. CARVELL and Gary S. Link, Respondents.

Supreme Court of Colorado, En Banc.

April 16, 1990.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Maurice G. Knaizer, First Asst. Atty. Gen., Denver, for petitioner.

Gary S. Link, Colorado Springs, pro se.

Robert Carvell, Colorado Springs, pro se.


Chief Justice QUINN delivered the Opinion of the Court.

The question in this case is whether the state's claim for recoupment of state funds for court-appointed attorney fees and investigative expenses paid on behalf of an indigent defendant in a criminal prosecution has priority over an attorney's lien for professional services rendered by the attorney on behalf of the same defendant in connection with the defendant's claim against the estate of his deceased wife...

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