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Attorneys – Constitutional – Takings Clause – Indigent Defense – Fees (access required)

State v. Howard (Ex parte Brown) The Takings Clause of the Fifth Amendment to the U.S. Constitution is implicated when an attorney is appointed by the court to represent an indigent litigant. In such circumstances, the attorney’s services constitute property entitling the attorney to just compensation. We affirm the award of the statutory amount in this case.

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