Ellis v. State

Supreme Court of Arkansas

Ellis v. State

210 S.W.3d 71, 362 Ark. 583

CourtSupreme Court of Arkansas

DecidedJune 9, 2005

DocketCR 05-552

StatusPublished

This text of 210 S.W.3d 71 (Ellis 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.

Bluebook

Ellis v. State, 210 S.W.3d 71, 362 Ark. 583 (Ark. 2005).

Pincite

Opinion

Per Curiam.

Julia B. Jackson, a full-time, state-salaried public defender for the Sixth Judicial District, was appointed by the trial court to represent appellant, Jerry Ellis, an indigent defendant, on charges of rape, burglary, and terroristic threatening. Following a trial, he was convicted of the charges and sentenced to life plus 55 years, to be served consecutively. A notice of appeal was timely filed, and a request for the transcribed record has been timely lodged in this court.

Ms. Jackson now moves to withdraw as counsel on appeal based upon Rushing v. State, 340 Ark. 84, 8 S.W.3d 489 (2000), which held that full-time, state-salaried public defenders were ineligible for compensation for their work on appeal. Since Rushing, the General Assembly has passed legislation providing that only those full-time, state-salaried public defenders who do not have state-funded secretaries may seek compensation for their work on appeal. See Ark. Code Ann. § 19-4-1604(b)(2)(B) (Supp. 2003).

Ms. Jackson states in her motion that she is provided with a full-time, state-funded secretary. Accordingly, we grant her motion to withdraw.

Greg Knutson will be substituted as counsel for appellant in this matter. The clerk will establish a new briefing schedule.

It is so ordered.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Julia B. Jackson, a full-time, state-salaried public defender for the Sixth Judicial District, was appointed by the trial court to represent appellant, Jerry Ellis, an indigent defendant, on charges of rape, burglary, and terroristic threatening. Following a trial, he was convicted of the charges and sentenced to life plus 55 years, to be served consecutively. A notice of appeal was timely filed, and a request for the transcribed record has been timely lodged in this court.

Ms. Jackson now moves to withdraw as counsel on appeal based upon Rushing v. State, 340 Ark. 84, 8 S.W.3d 489 (2000), which held that full-time, state-salaried public defenders were ineligible for compensation for their work on appeal. Since Rushing, the General Assembly has passed legislation providing that only those full-time, state-salaried public defenders who do not have state-funded secretaries may seek compensation for their work on appeal. See Ark. Code Ann. § 19-4-1604(b)(2)(B) (Supp. 2003).

Ms. Jackson states in her motion that she is provided with a full-time, state-funded secretary. Accordingly, we grant her motion to withdraw.

Greg Knutson will be substituted as counsel for appellant in this matter. The clerk will establish a new briefing schedule.

It is so ordered.

Cite This Page — Counsel Stack

Bluebook (online)

210 S.W.3d 71, 362 Ark. 583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellis-v-state-ark-2005.

Opinion

Related

Cite This Page — Counsel Stack