Johnson v. State

Cite as 2015 Ark. 135
SUPREME COURT OF ARKANSAS
No. CR-15-174
JAMES JOHNSON Opinion Delivered April 2, 2015
APPELLANT
MOTION TO BE RELIEVED AS
V. ATTORNEY FOR APPELLANT AND
STAY BRIEFING SCHEDULE
STATE OF ARKANSAS
APPELLEE
GRANTED.
PER CURIAM
Appellant James Johnson was found guilty of capital murder and was sentenced to life
imprisonment without parole. An appeal from the judgment has been lodged in this court.
Johnson is represented on appeal by Thomas B. Devine III. Devine now asks that he be
relieved as counsel on the ground that he is ineligible for compensation for services as
appellate counsel.
Arkansas Code Annotated § 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 be paid for services in this appeal, and his request to be relieved is well-founded.
See Craigg v. State, 2012 Ark. 95 (per curiam).
Cite as 2015 Ark. 135
We therefore grant Devine’s motion to be relieved. We need not appoint counsel for
Johnson in light of an entry of appearance filed with this court’s clerk by other counsel
retained by Johnson’s parents and stating Johnson’s desire to be so represented. Our clerk is
directed to set a new briefing schedule.
Motion granted.
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