Roberson v. State

Supreme Court of Arkansas

Roberson v. State

39 S.W.3d 458, 344 Ark. 416, 2001 Ark. LEXIS 218

CourtSupreme Court of Arkansas

DecidedApril 5, 2001

DocketCR 01-263

StatusPublished

This text of 39 S.W.3d 458 (Roberson 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

Roberson v. State, 39 S.W.3d 458, 344 Ark. 416, 2001 Ark. LEXIS 218 (Ark. 2001).

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Opinion

PER CURIAM.

Dan Etherly, a state-salaried, part-time public defender for the First Judicial District, was appointed by the trial court to represent appellant Leon Roberson, an indigent defendant, in this criminal case. Following a revocation hearing, Roberson was sentenced to thirty years in the Arkansas Department of Corrections. A notice of appeal from the judgment was timely filed and a partial record has been lodged with our clerk.

Mr. Etherly now asks this court to relieve him as counsel for Roberson in this appeal. As a state-salaried, part-time public defender for the First Judicial District, Mr. Etherly is ineligible for compensation by this court for work performed in the appeal of this matter pursuant to our recent opinion in Rushing v. State, 340 Ark. 84, 8 S.W.3d 489 (2000). In Tester v. State, 341 Ark. 281, 16 S.W.3d 227 (2000), we relieved appellant’s court-appointed public defender and appointed new counsel on appeal under similar circumstances. See also, Craft v. State, 342 Ark. 57, 26 S.W.3d 584 (2000); McFerrin v. State, 342 Ark. 61, 26 S.W.3d 429 (2000); Bolton v. State, 342 Ark. 55, 26 S.W.3d 783 (2000). We grant Mr. Etherly’s motion to be relieved for good cause shown. David Bowden will be substituted as attorney for appellant Leon Roberson in this matter.

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PER CURIAM.

Dan Etherly, a state-salaried, part-time public defender for the First Judicial District, was appointed by the trial court to represent appellant Leon Roberson, an indigent defendant, in this criminal case. Following a revocation hearing, Roberson was sentenced to thirty years in the Arkansas Department of Corrections. A notice of appeal from the judgment was timely filed and a partial record has been lodged with our clerk.

Mr. Etherly now asks this court to relieve him as counsel for Roberson in this appeal. As a state-salaried, part-time public defender for the First Judicial District, Mr. Etherly is ineligible for compensation by this court for work performed in the appeal of this matter pursuant to our recent opinion in Rushing v. State, 340 Ark. 84, 8 S.W.3d 489 (2000). In Tester v. State, 341 Ark. 281, 16 S.W.3d 227 (2000), we relieved appellant’s court-appointed public defender and appointed new counsel on appeal under similar circumstances. See also, Craft v. State, 342 Ark. 57, 26 S.W.3d 584 (2000); McFerrin v. State, 342 Ark. 61, 26 S.W.3d 429 (2000); Bolton v. State, 342 Ark. 55, 26 S.W.3d 783 (2000). We grant Mr. Etherly’s motion to be relieved for good cause shown. David Bowden will be substituted as attorney for appellant Leon Roberson in this matter.

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Bluebook (online)

39 S.W.3d 458, 344 Ark. 416, 2001 Ark. LEXIS 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberson-v-state-ark-2001.

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