Opinion
CR 10-936
Opinion Delivered September 30, 2010
Motion to Be Relieved as Attorney For Appellant and Stay of Briefing Schedule, Granted.
Thomas B. Devine, III, a full-time, state-salaried public defender, was appointed by the trial court to represent Cleveland Evans in the above captioned case. As reflected in the judgment and commitment order entered on June 18, 2010, Evans was convicted of capital murder and sentenced to life without parole in the Arkansas Department of Correction. A notice of appeal was filed on June 24, 2010, and the record has been filed with the clerk of this court. Mr. Devine now moves to be relieved as attorney for Evans.
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: "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 the Court of Appeals."
Mr. Devine states in his motion that he is provided with a full-time, state-funded secretary. Accordingly, we grant his motion to be relieved. Toney B. Brasuell will be substituted as counsel for Evans in this matter. The clerk is directed to establish a new briefing schedule.
Motion granted.