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HARDAWAY v. COUNTY OF LEXINGTON

No. 24067.

443 S.E.2d 569 (1994)

Ex parte John F. HARDAWAY and S. Kirkpatrick Morgan, Jr., Respondents, v. The COUNTY OF LEXINGTON, Appellant, In re STATE of South Carolina v. Robert Haskell SOUTHERLAND, Defendant.

Supreme Court of South Carolina.

Decided May 9, 1994.

Rehearing Denied June 7, 1994.

Attorney(s) appearing for the Case

Jeff M. Anderson, Bouknight, Nicholson, Davis, Frawley & Anderson, Lexington, for appellant.

John F. Hardaway, Columbia, and S. Kirkpatrick Morgan, Lexington, for respondents.

Robert E. Lyon and Robert S. Croom, of the South Carolina Association of Counties, Columbia, for amicus curiae.

MOORE, Justice.

This appeal is from an order in a capital murder case ordering appellant (County) to pay costs and attorneys' fees in excess of those provided under the Defense of Indigents Act. In so ruling, the trial judge retroactively applied our decision in Bailey v. State, ___ S.C. ___, 424 S.E.2d 503 (1992). We reverse.

FACTS

Respondents are attorneys who were appointed to represent Robert...

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