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BAILEY v. STATE

23754

309 S.C. 455 (1992)

424 S.E.2d 503

James D. BAILEY, William D. Sussman and James R. Johnson, Respondents v. The STATE of South Carolina and Aiken County, South Carolina, a body politic and corporate and political subdivision of the State of South Carolina, and Louis L. Rosen, Director for Court Administration, Defendants, of whom Aiken County, South Carolina, a body politic and corporate and political subdivision of the State of South Carolina is the Primary Appellant, and The State of South Carolina and Louis L. Rosen, Director for Court Administration are Secondary Appellants. Appeal of Aiken County, South Carolina.

Supreme Court of South Carolina.

Decided December 7, 1992.

Rehearing Denied January 6, 1993.

Attorney(s) appearing for the Case

Robert M. Bell and Dennis M. Gmerek, both of Langley, for appellant Aiken County.

Chief Deputy Atty. Gen. Edwin E. Evans and Asst. Atty. Gen. Samuel L. Wilkins, Columbia, for appellants The State of South Carolina and Louis L. Rosen, Director of Court Admin.

Ronald A. Maxwell, of Aiken, for respondents.

Stuart M. Andrews, Jr., and Daniel J. Westbrook, Nelson, Mullins, Riley & Scarborough, Columbia, for amicus curiae, S.C. Bar.

Heard May 5, 1992;

Decided Dec. 7, 1992.

Reh. Den. Jan. 6, 1993.

CHANDLER, Justice:

This Court is today called upon to determine whether compensation shall be paid to attorneys appointed to represent indigent defendants who are charged with murder for which, upon conviction, the death penalty (capital murder) may be imposed.

We reach our decision today fully cognizant of the legal profession's traditional and historic role in the general...

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