ENGLISH v. MISSILDINE

No. 65087.

311 N.W.2d 292 (1981)

Mark Felix ENGLISH, Appellee, v. The Honorable Dale S. MISSILDINE, Judge, Polk County District Court in his official capacity only, Appellant.

Supreme Court of Iowa.

October 21, 1981.


Attorney(s) appearing for the Case

Alfredo G. Parrish of Parrish & Del Gallo, Des Moines, for appellee.

Thomas J. Miller, Atty. Gen., Shirley Ann Steffe, Asst. Atty. Gen., Channing Dutton and Thomas Werner, Asst. Polk County Attys., for appellant.

Considered by REYNOLDSON, C. J., and UHLENHOPP, McCORMICK, McGIVERIN and SCHULTZ, JJ.


McCORMICK, Justice.

The question here is whether an indigent has the right to employ an expert and take depositions at public expense when he is represented by private counsel. Plaintiff Mark Felix English is an 18-year-old indigent who is charged with theft in the third degree under section 714.1(3), The Code. His mother retained private counsel for him through payments totalling $900. Because she could not afford to pay for the services of a handwriting expert or...

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