Thrower v. State

Cite as 2016 Ark. 425
SUPREME COURT OF ARKANSAS
No. CR-16-949
Opinion Delivered: December 1, 2016
ERIC DARNELL THROWER
APPELLANT
MOTION TO BE RELIEVED AS
V. COUNSEL, TO STAY BRIEFING
SCHEDULE, AND FOR THE
STATE OF ARKANSAS APPOINTMENT OF NEW
APPELLEE COUNSEL
MOTION GRANTED.
PER CURIAM
Appellant Eric Darnell Thrower was convicted of murder in the first degree and
arson. He was sentenced to life plus ten years in the Arkansas Department of Correction.
An appeal from the judgment has been lodged in this court. Thrower is represented on
appeal by Robert N. Jeffrey. Jeffrey now asks to be relieved as counsel on the ground that
he is ineligible for compensation for services as appellate counsel.
Arkansas Code Annotated section 19-4-1604(b)(2)(B) (Repl. 2007) provides that
persons employed as full-time public defenders who are not provided with a state-funded
secretary are eligible to seek compensation for appellate work. Counsel affirms that he is a
full-time public defender with a full-time, state-funded secretary. Under these
circumstances, he is not entitled to payment for services in this appeal, and his request to be
relieved is well-founded. See Craigg v. State, 2012 Ark. 95 (per curiam). We therefore grant
Jeffrey’s motion to be relieved. We appoint attorney Thomas Burns to represent appellant.
Our clerk is directed to set a new briefing schedule for the appeal.
Motion granted.