Blythe v. State
| Decision Date | 16 December 1853 |
| Citation | 4 Ind. 525 |
| Parties | Blythe v. The State |
| Court | Indiana Supreme Court |
APPEAL from the Vanderburgh Court of Common Pleas.
The judgment is reversed. Cause remanded.
J. G Jones, for the appellant.
R. A Riley, for the state.
One Rodgers stood charged with larceny in the Common Pleas; and the Court being satisfied that the accused was entitled to his defence in forma pauperis, assigned James E. Blythe, Esq., an attorney of the Court, as counsel to defend Rodgers. Blythe thereupon denied the right of the state, or of the Court, to demand his professional services without a compensation, and thereupon refused to act. For such refusal the Court adjudged him guilty of a contempt, and ordered him to make his fine to the state in the sum of 5 dollars, and stand committed, &c. The facts are all set out in a bill of exceptions--whether strictly regular so as to forbid a disposition of the case without meeting the main question, it is not necessary to inquire.
So much of the 15th sect., p. 30, vol. 2, R. S. 1852, as requires the services of an attorney at law to prosecute or defend without fee, is in conflict with the...
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...extend to witnesses in criminal trials, and the provision in the new constitution should not be so understood." Id. at 468. In Blythe v. State (1853), 4 Ind. 525, this Court reversed a finding of contempt against an attorney who refused to provide uncompensated legal services for a poor per......
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...next requires attention. E. CONSTITUTIONAL RIGHT OF THE ATTORNEY TO REASONABLE COMPENSATION Enunciated nearly 140 years ago in Blythe v. State, 4 Ind. 525 (1853) and then reannounced and comprehensively emphasized in Webb v. Baird, 6 Ind. 13 (1854) and quoted in Knox County Council v. State......
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...those appointed could refuse by arguing that such an appointment would be an unconstitutional commandeering of services. See Blythe v. State, 4 Ind. 525, 525 (1853).27 See Betts, 316 U.S. at 470–71, 62 S.Ct. 1252 (observing that "the matter has generally been deemed one of legislative ...
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