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PHELPS v. STATE PUBLIC DEFENDER

No. 10-0374.

794 N.W.2d 826 (2010)

Richard E.H. PHELPS, Appellee, v. STATE PUBLIC DEFENDER, Appellant.

Court of Appeals of Iowa.

November 24, 2010.

Attorney(s) appearing for the Case

Tomás Rodriguez , State Public Defender, and Julie Miller , Assistant State Public Defender, for appellant.

Richard E.H. Phelps of Phelps Law Office, Mingo, pro se.

Heard by VOGEL, P.J., and VAITHESWARAN, J., and HUITINK, S.J.

VAITHESWARAN, J.

We must decide whether the district court erred in approving claims for payment of legal fees and expenses from the indigent defense fund.

I. Background Facts and Proceedings

The state appellate defender withdrew from its appellate representation of an indigent criminal defendant, based on a conflict of interest. The district court appointed attorney Richard E.H. Phelps II to represent the defendant on appeal. At the time...

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