United States v. La Vance Edwards

This appeal concerns a claim for $61.33 by defense counsel, Howard W. Gillingham, for the services of an investigator.

In the criminal case above captioned, Gill-ingham, appointed as defense attorney under the Criminal Justice Plan, applied on December 30, 1976 for the appointment of an investigator pursuant to 18 U.S.C. § 3006A. This was just before the New Year weekend. Without waiting for the court to act, Gillingham authorized a law student to undertake investigative work in the case. The application was denied by the court on January 3, 1977.

Thereafter, the criminal case above captioned went to a jury trial, and the jury was unable to agree as to the guilt or innocence of the supposed appellant, La Vance Edwards.

On February 3, 1977, the court declared a mistrial, and on February 7, 1977, dismissed the criminal charge against Edwards and exonerated his bond.

On February 7, 1977, Gillingham filed a supplemental affidavit, and on the same date renewed his previous application for the appointment of an investigator. The applications were denied by the trial court.

On February 14, 1977, there was filed in behalf of the supposed appellant, La Vance Edwards, a notice of…