DECAY V. STATE ARK.] Cite as 375 Ark. 139 (2008) 139 Gregory Christopher DECAY V. STATE of Arkansas CR 08-1259 289 S.W.3d 96 Supreme Court of Arkansas Opinion delivered November 20, 2008 MOTIONS — MOTION TO BE RELIEVED AS COUNSEL AND STAY BRIEFING SCHEDULE — MOTION GRANTED WHERE ATTORNEYS FOR APPELLANT HAD A FULL-TIME, STATE-FUNDED SECRETARY. — A person employed as a full-time public defender who is not provided a state-fimded secretary may also seek compensation for appellate work from the Arkansas Supreme Court or Court of Appeals; the motion filed by attorneys for the appellant stated that they are provided with a full-time, state-fimded secretary; accordingly, their motion to withdraw as attorneys was granted, another attorney was substituted, and the clerk was ordered to establish a new briefing schedule.
DECAY V. STATE 140 Cite as 375 Ark. 139 (2008) [375 Motion to Be Relieved as Counsel and to Stay the Briefing Schedule; granted. Denny Hyslip and Julie C. Tolleson, for appellant. No response. ER CURIAM. Denny Hyslip and Julie C. Tolleson, full- p time, state-salaried public defenders for the Fourth Judicial District, were appointed by the trial court to represent appellant, Gregory Christopher Decay. Following a jury trial, Decay was convicted of two counts of capital murder and sentenced to death as to both counts. A notice of appeal was timely filed and a request for the transcribed record was filed in this case. [1] Mr. Hyslip and Ms. Tolleson now ask to be relieved as counsel for appellant in this criminal appeal based on the case of Rushing v. State, 340 Ark. 84, 8 S.W.3d 489 (2000), where we held that full-time, state salaried public defenders were ineligible for compensation for their work on appeal. Since Rushing, the General Assembly passed Arkansas Code Annotated § 19-4-1604(b)(2)(B) (Supp. 2007), which states: A person employed as full-time public defender who is not provided a state-funded secretary may also seek compensation for appellate work from the Arkansas Supreme Court or the Court of App e als . Mr. Hyslip and Ms. Tolleson's motion states that they are provided with a full-time, state-funded secretary. Accordingly, we grant their motion to withdraw as attorneys. Mr. Dale Adams will be substituted as attorney for appellant in this matter. The clerk will establish a new briefing schedule.
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