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Supreme Court of Oklahoma· 7/24/1990

State v. Lynch

Citations

  • 796 P.2d 1150
  • 61 O.B.A.J. 2102
  • 1990 OK 82
  • 1990 Okla. LEXIS 88
  • 1990 WL 103246

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reasoning that the Oklahoma Supreme Court’s “constitutional responsibilities” and “inherent power” compelled the con- elusion that the practice of compulsory appointment of attorneys without providing adequate compensation amounted to an unconstitutional taking of private property
  • applauding pro bono legal representation, court nevertheless holds that \voluntary services are insufficient to accommodate the right of indigent citizens to the effective assistance of counsel\
  • \most even handed approach in setting fees is to tie the hourly rate of the counsel appointed for the indigent defendant to the hourly rate of the prosecutor/district attorney and the public defenders\
  • involuntarily appointed counsel entitled to reasonable overhead and out-of-pocket expenses plus an hourly rate \tied to the salary range paid to assistant district attorneys and the district attorneys\ within the state, depending \on the attorney's qualifications\
  • “Although we invite legislative attention to this problem, in the interim, we must establish guides which will apply uniformly without either violating due process rights or granting constitutional immunites.”
  • “Although we invite legislative attention to this problem, in the interim, we must establish guides which will apply uniformly without either violating due process rights or granting constitutional immunites.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kauger, Hargrave, Hodges, Lavender, Wilson, Summers, Opala, Simms, Doolin

Read full opinion on CourtListener

Cited by

37 cases in this archive cite this case; the 20 most cited are listed.

Cites

92 cases in this archive are cited by this case; the 20 most cited are listed.

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