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Case No. 18-0046

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
Elgin Shabazz Richmond Sr.


State of Iowa


Elgin Shabazz Richmond Sr.

Attorney for the Appellee

Thomas J. Ogden, Assistant Attorney General

Attorney for the Appellant

Nicholas T. Larson

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Sep 12, 2018

            Appeal from the Iowa District Court for Hancock County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (7 pages)

            Elgin Richmond Sr. appeals from the district court’s judgment and sentence, ordering him to pay $3255.20 for expert-witness fees.  He argues the court was wrong to order him to pay his expert-witness fees and failed to determine whether he had the reasonable ability to the pay the fee.  In the alternative, he maintains he received ineffective assistance from trial counsel because counsel failed to request authorization to obtain an expert at public expense and failed to contest Richmond’s ability to pay fees and costs.  OPINION HOLDS: Because we find no error in the court’s decision ordering Richmond to pay his expert-witness fees, we affirm the court’s judgment and sentence.  We preserve Richmond’s claims of ineffective assistance for later postconviction-relief proceedings.

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