Johnson v. State

2015 Ark. 135

Opinion

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.

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.