TDCAA Community
Indigent Defense

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/2481019011

December 28, 2005, 15:49
pkdyer
Indigent Defense
What are other counties doing on PDR requests by attorneys for indigent defendants. I am just wondering how your courts decide whether the PDR request is in the interest of justice that allows for payment under CCP 1.051? Or I am missing something - can any attorney can file a PDR request and get paid for it? I understand that indigent clients are entitled to an attorney if the request is granted, but over 2/3 of mine have thus far been refused.

I know that they are some changes but Peterson v. Jones, 894 SW2d 370 at least indicates that filing a PDR request is not paid for, and it does not seem to be overruled. Is there something new in the indigent defense act that I am missing?
December 29, 2005, 10:09
Martin Peterson
My prior inquiry on this topic never got the response I was searching for. I hope someone does take the time to answer now. See Indigent PDR
December 29, 2005, 12:15
pkdyer
I see that some counties on your previous post were unsure of whether the county pays or not. I know our county does pay for the PDR request and expenses. Of course the payment is relatively small for the request, but increases if the PDR is granted and they write a brief on the merits.