STATE v. CASADY

No. 99,023.

191 P.3d 1130 (2008)

STATE of Kansas, Appellee, v. Cynthia CASADY, Appellant.

Court of Appeals of Kansas.

September 12, 2008.


Attorney(s) appearing for the Case

Shawn E. Minihan, of Kansas Appellate Defender Office, for appellant.

Charles D. Baskins, county attorney, and Stephen N. Six, attorney general, for appellee.

Before MALONE, P.J., BUSER, J., and LARSON, S.J.


LARSON, J.

In this appeal, we are asked to determine whether the $100 application fee imposed upon defendants who seek appointed counsel from the Board of Indigents' Defense Services (BIDS) violates an indigent defendant's rights under the Sixth and Fourteenth Amendments to the United States Constitution and § 10 of the Kansas Constitution Bill of Rights.

Although this issue was not raised below, we reach the constitutional arguments and hold that K.S...

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