Gay v. State.2

Supreme Court of Arkansas

Gay v. State.2

2015 Ark. 469, 476 S.W.3d 791, 2015 Ark. LEXIS 657

CourtSupreme Court of Arkansas

DecidedDecember 10, 2015

DocketCR-15-948

StatusPublished

This text of 2015 Ark. 469 (Gay v. State.2) 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

Gay v. State.2, 2015 Ark. 469, 476 S.W.3d 791, 2015 Ark. LEXIS 657 (Ark. 2015).

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Opinion

MOTION TO WITHDRAW AS ATTORNEY ON DIRECT APPEAL

PER CURIAM

liA jury in the Garland County Circuit Court found appellant Randy William Gay guilty of capital murder for which he received a sentence of death. Gay 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. 2007) 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, 2012 WL 664087 (per curiam).

Therefore, we grant Fraiser’s motion to be relieved. We appoint attorney Dale Adams to represent Gay on appeal,- Our clerk is directed to set a briefing schedule for the appeal. . ■

Motion granted.

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MOTION TO WITHDRAW AS ATTORNEY ON DIRECT APPEAL

PER CURIAM

liA jury in the Garland County Circuit Court found appellant Randy William Gay guilty of capital murder for which he received a sentence of death. Gay 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. 2007) 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, 2012 WL 664087 (per curiam).

Therefore, we grant Fraiser’s motion to be relieved. We appoint attorney Dale Adams to represent Gay on appeal,- Our clerk is directed to set a briefing schedule for the appeal. . ■

Motion granted.

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Bluebook (online)

2015 Ark. 469, 476 S.W.3d 791, 2015 Ark. LEXIS 657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gay-v-state2-ark-2015.