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May 10, 2012
Martin J. McClain v. Jeffery H. Atwater
Mr. McClain, a lawyer appointed to represent a death row inmate appealing his sentence, sought payment from the state for his time and costs. The bill he submitted for investigative services exceeded a limit provided in state law. Mr. McClain sought to have the trial court approve the excess costs. The court denied his motion, ruling that the circumstances were ordinary and consequently did not warrant waiving the payment cap. Mr. McClain appealed that ruling to this Court.