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STATE v. BOYKEN

No. 81-287.

637 P.2d 1193 (1981)

The STATE of Montana, Plaintiff and Respondent, v. David Alton BOYKEN, Defendant and Appellant.

Supreme Court of Montana.

Decided December 23, 1981.

Attorney(s) appearing for the Case

Joe Bottomly argued, Great Falls, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, J. Fred Bourdeau, County Atty., Randall Snyder argued, Deputy County Atty., Great Falls, for plaintiff and respondent.

Lawrence Anderson and Daniel Donovan, Great Falls, for amicus curiae.

HASWELL, Chief Justice.

Joe Bottomly, a court-appointed attorney, moved the District Court to waive its local rule which sets forth a maximum amount in attorney fees to be awarded a court-appointed attorney for representing an indigent criminal defendant. The District Court denied the motion and Bottomly appeals. We reverse.

Bottomly was appointed by the District Court of the Eighth Judicial District to represent...

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