Key legal question
Whether the cantonal court's fee determination for appointed counsel had to be increased because the cost note was overlooked.
Extracted holding
Yes. The court had ignored a decisive file document and thus incorrectly established the legally relevant facts, violating the right to be heard; the fee had to be set at CHF 2,584.35.
Extracted reasoning
The cost note of 28 November 2006 was contained in the record and was not disputed as to amount. By failing to take it into account, the cantonal court committed an error in fact-finding amounting to a violation of Art. 29(2) BV.