Supreme Court

Decision Information

ROBERSON V. STATE

Court Supreme Court
Date 04/05/2001
Report Citation 344 ARK. 416
Docket Number CR 01-263
Term VOL. 344

Decision Content

ROBERSON V. STATE 416 Cite as 344 Ark. 416 (2001) [344 Leon ROBERSON v. STATE of Arkansas CR 01-263 39 S.W3d 458 Supreme Court of Arkansas Opinion delivered April 5, 2001 ATTORNEY & CLIENT — PETITION TO WITHDRAW GRANTED — SUBSTITUTED COUNSEL APPOINTED. — Where, as a state-salaried, part-time public defender, counsel was ineligible for compensation by the supreme court for work performed in the appeal of this matter, the supreme court granted counsel's motion to be relieved for good cause shown and substituted another attorney. Petition to Withdraw granted; Substituted Counsel appointed. Dan Etherly, for appellant.
ARK.] 417 No response. ER CURIAIV1. Dan Etherly, a state-salaried, part-time public P defender for the First Judicial District, was appointed by the trial court to represent appellant Leon Roberson, an indigent defendant, in this criminal case. Following a revocation hearing, Roberson was sentenced to thirty years in the Arkansas Department of Corrections. A notice of appeal from the judgment was timely filed and a partial record has been lodged with our clerk. [1] Mr. Etherly now asks this court to relieve him as counsel for Roberson in this appeal. As a state-salaried, part-time public defender for the First Judicial District, Mr. Etherly is ineligible for compensation by this court for work performed in the appeal of this matter pursuant to our recent opinion in Rushing v. State, 340 Ark. 84, 8 S.W3d 489 (2000). In Tester v. State, 341 Ark. 281, 16 S.W3d 227 (2000), we relieved appellant's court-appointed public defender and appointed new counsel on appeal under similar circumstances. See also, Craft v. State, 342 Ark. 57, 26 S.W3d 584 (2000); McFerrin v. State, 342 Ark. 61, 26 S.W3d 429 (2000); Bolton V. State, 342 Ark. 55, 26 S.W3d 783 (2000). We grant Mr. Etherly's motion to be relieved for good cause shown. David Bowden will be substituted as attorney for appellant Leon Roberson in this matter.
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