Supreme Court

Decision Information

Decision Content

Cite as 2015 Ark. 347 SUPREME COURT OF ARKANSAS No. CR-15-724

DARRELL DENNIS

V.

APPELLANT

STATE OF ARKANSAS

APPELLEE

Opinion Delivered October 1, 2015 MOTION TO BE RELIEVED AS ATTORNEY FOR APPELLANT AND STAY BRIEFING SCHEDULE.

MOTION GRANTED.

PER CURIAM

Thomas B. Devine III, a full-time, state-salaried public defender, was appointed by the circuit court too represent Darrell Dennis in the above case, 60CR-13-2207. Dennis received a life-without-parole sentence after a jury convicted him of capital murder. A notice of appeal and request for the transcribed record has been filed. In Rushing v. State, 340 Ark. 84, 8 S.W.3d 489 (2000), we held that full-time, state-salaried public defenders were ineligible for compensation for their work done on appeal. Since Rushing, the General Assembly passed Ark. Code Ann. § 19-4-1604(b)(2)(B) (Supp. 2007), which states as follows: “a person employed as a full-time public defender who is not provided a state-funded secretary may also seek compensation for appellate work from the Supreme Court or Court of Appeals.” Mr. Devine states in his motion that he is provided a full-time, state-funded secretary. We therefore grant his motion to be relieved as counsel. We appoint attorney William O.

James, Jr., to represent the appellant. Our clerk is directed to set a new briefing schedule for the appeal. Motion granted.

2

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.