Rhodes v. State, CR 09-76.

Decision Date12 March 2009
Docket NumberNo. CR 09-76.,CR 09-76.
Citation297 S.W.3d 551,2009 Ark. 138
PartiesJarvis RHODES v. STATE of Arkansas.
CourtArkansas Supreme Court

Horace J. Fikes, Jr., for appellant.

No response.

PER CURIAM.

[1]

Appellant Jarvis Rhodes was convicted of capital felony murder in 1987. Appellant subsequently filed a petition for relief, which was denied on October 27, 2008. An appeal from that judgment has been lodged in this court. Appellant is represented on appeal by Horace J. Fikes, Jr., a full-time public defender. Mr. Fikes now asks that he be permitted to withdraw as counsel on the ground that he is ineligible for compensation for services as appellate counsel.

Act 1370 of 2001, codified as Arkansas Code Annotated section 19-4-1604(b)(2)(B) (Supp.2001), 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 here 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

[2]

and his request to be relieved is well founded. Mishion v. State, 369 Ark. 482, 255 S.W.3d 868 (2007) (per curiam).

We grant Mr. Fikes's motion to withdraw and appoint attorney Steven R. Davis to represent appellant. Our clerk is directed to set a new briefing schedule for the appeal.

Motion granted.

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10 cases
  • Jordan v. State, CR 11–1209.
    • United States
    • Arkansas Supreme Court
    • 5 Enero 2012
    ...she is not entitled to be paid for services in this appeal, and her request to be relieved is well founded. See Rhodes v. State, 2009 Ark. 138, 297 S.W.3d 551 (per curiam).Therefore, we grant Ms. Moore's motion to be relieved, and we appoint attorney Marjorie Fisher Rogers to represent the ......
  • Craigg v. State, CR12-128
    • United States
    • Arkansas Supreme Court
    • 1 Marzo 2012
    ...she is not entitled to be paid for services in this appeal, and her request to be relieved is well founded. See Rhodes v. State, 2009 Ark. 138, 297 S.W.3d 551 (per curiam). Therefore, we grant Ms. Lee's motion to be relieved, and we appoint attorney ShellyHogan Koehler to represent the appe......
  • Turner v. State, CR-14-59
    • United States
    • Arkansas Supreme Court
    • 20 Febrero 2014
    ...she is not entitled to be paid for services in this appeal, and her request to be relieved is well founded. See Rhodes v. State, 2009 Ark. 138, 297 S.W.3d 551 (per curiam). Therefore, we grant Ms. Walker's motion to be relieved, and we appoint attorney Brianne Franks to represent the appell......
  • Brooks v. State, CR-15-997
    • United States
    • Arkansas Supreme Court
    • 7 Enero 2016
    ...she is not entitled to be paid for services in this appeal, and her request to be relieved is well founded. See Rhodes v. State, 2009 Ark. 138, 297 S.W.3d 551 (per curiam). Therefore, we grant Ms. Jackson's motion to be relieved, and we appoint attorney Laura Avery to represent the appellan......
  • Request a trial to view additional results

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