Burns v. State
This text of 2017 Ark. 119 (Burns v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Cite as 2017 Ark. 119
SUPREME COURT OF ARKANSAS No. CR-17-163
JUSTIN ISIAH BURNS Opinion Delivered April 6, 2017 APPELLANT MOTION TO WITHDRAW AS V. ATTORNEY ON DIRECT APPEAL
STATE OF ARKANSAS MOTION GRANTED. APPELLEE
PER CURIAM
Appellant Justin Isiah Burns pleaded guilty to rape, admitted he was a habitual offender
with two prior felony convictions, and was sentenced by a Garland County jury to life
imprisonment. Burns is represented by Mark S. Fraiser, who asks to be relieved on the
ground that he is not eligible to be compensated for services as appellate counsel.
Arkansas Code Annotated section 19-4-1604(b)(2)(B) (Repl. 2016) provides that
persons employed as full-time public defenders who are not provided 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.
Craigg v. State, 2012 Ark. 95 (per curiam).
Therefore, we grant Fraiser’s motion to be relieved. We appoint attorney Timothy
Penhallegon to represent Burns on appeal. Our clerk is directed to set a briefing schedule for
the appeal.
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