Woods v. State

Supreme Court of Arkansas

Woods v. State

205 S.W.3d 148, 361 Ark. 152

CourtSupreme Court of Arkansas

DecidedMarch 10, 2005

DocketCR 05-195

StatusPublished

This text of 205 S.W.3d 148 (Woods 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

Woods v. State, 205 S.W.3d 148, 361 Ark. 152 (Ark. 2005).

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Opinion

Per Curiam.

Thomas B. Devine III, a full-time, state-salaried public defender for the Sixth Judicial District, was appointed by the trial court to represent appellant, Bryant Woods, an indigent defendant, on the charge of capital murder. Following a trial, he was convicted of the charge and was sentenced to life imprisonment without parole. A notice of appeal was timely filed, and a request for the transcribed record has been timely lodged in this court.

Mr. Devine 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).

Mr. Devine states in his motion that he is provided with a full-time, state-funded secretary who maintains his day-today office operations. Accordingly, we grant his motion to withdraw.

Mr. Brent Houston will be substituted as counsel for appellant in this matter. The Clerk will establish a new briefing schedule.

It is so ordered.

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Per Curiam.

Thomas B. Devine III, a full-time, state-salaried public defender for the Sixth Judicial District, was appointed by the trial court to represent appellant, Bryant Woods, an indigent defendant, on the charge of capital murder. Following a trial, he was convicted of the charge and was sentenced to life imprisonment without parole. A notice of appeal was timely filed, and a request for the transcribed record has been timely lodged in this court.

Mr. Devine 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).

Mr. Devine states in his motion that he is provided with a full-time, state-funded secretary who maintains his day-today office operations. Accordingly, we grant his motion to withdraw.

Mr. Brent Houston will be substituted as counsel for appellant in this matter. The Clerk will establish a new briefing schedule.

It is so ordered.

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Bluebook (online)

205 S.W.3d 148, 361 Ark. 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woods-v-state-ark-2005.

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