Elawyers Elawyers
Washington| Change

WATERHOUSE v. SECRETARY, DEPARTMENT OF CORRECTIONS, 8:12-CV-298-T-30MAP. (2014)

Court: District Court, M.D. Florida Number: infdco20140424949 Visitors: 3
Filed: Apr. 23, 2014
Latest Update: Apr. 23, 2014
Summary: ORDER JAMES S. MOODY, Jr., District Judge. Before the Court is Attorney Robert A. Norgard's Motion for Appointment of Counsel Nunc Pro Tunc and for Payment of Attorney's Fees (Dkt. 18). 1 Attorney Norgard was appointed to represent Petitioner, now deceased, in the instant federal habeas proceedings. In his original Motion for Appointment of Counsel, Attorney Norgard requested that he be appointed, nunc pro tunc, to the date that the death warrant was signed, January 4, 2012 (see Dkt. 3).
More

ORDER

JAMES S. MOODY, Jr., District Judge.

Before the Court is Attorney Robert A. Norgard's Motion for Appointment of Counsel Nunc Pro Tunc and for Payment of Attorney's Fees (Dkt. 18).1 Attorney Norgard was appointed to represent Petitioner, now deceased, in the instant federal habeas proceedings. In his original Motion for Appointment of Counsel, Attorney Norgard requested that he be appointed, nunc pro tunc, to the date that the death warrant was signed, January 4, 2012 (see Dkt. 3). The Court granted the motion nunc pro tunc to February 9, 2013, because the Court was aware that Attorney Norgard had represented Petitioner in extensive state court proceedings following the issuance of the death warrant, for which Attorney Norgard was not entitled to compensation under 18 U.S.C. § 3006A (see Dkt. 7). Attorney Norgard's request for appointment nunc pro tunc to January 4, 2012, was denied without prejudice to him seeking reimbursement for work performed on or after that date that was in pursuit of Petitioner's federal proceedings (Id.).

Attorney Norgard now asserts that he and his law partners began working on the federal habeas proceedings on January 15, 2012, and requests that he be appointed nunc pro tunc to that date, and compensated only for the time spent in the federal proceedings. In support of his request, he has provided the Court with time logs showing the work he performed in both the state court proceedings and federal habeas proceedings.

Upon consideration, it is ORDERED that Attorney Norgard's Motion for Appointment of Counsel Nunc Pro Tunc and for Payment of Attorney's Fees (Dkt. 18) is GRANTED. Attorney Norgard's appointment as counsel for Petitioner is nunc pro tunc to January 15, 2012. Attorney Norgard's submitted CJA-30 billing form is approved for payment.

DONE and ORDERED.

FootNotes


1. A hearing on this matter was held on April 23, 2014.
Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer