Rounsaville v. State
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Cite as 2009 Ark. 525
SUPREME COURT OF ARKANSAS
No.
JOSEPH ROUNSAVILLE,
CR09-1118
Opinion Delivered 10-29-09
APPELLANT,
VS.
STATE OF ARKANSAS,
APPELLEE,
MOTION TO BE RELIEVED AS
ATTORNEY FOR APPELLANT AND
STAY BRIEFING SCHEDULE
MOTION GRANTED.
PER CURIAM
On June 17, 2009, Thomas B. Devine III, a full-time, state-salaried public defender,
was appointed by the trial court to represent Joseph Rounsaville in a Rule 33.3 hearing. An
order was filed on August 14, 2009, denying the Rule 33.3 petition. A notice of appeal was
filed on August 17, 2009, and the transcribed record has been ordered. Mr. Devine now
moves to be relieved as attorney for Rounsaville and to stay the briefing schedule until
substitute counsel is appointed.
In Rushing v. State, 340 Ark. 84, 8 S.W.3d 489 (2000), we held that full-time, statesalaried public defenders were ineligible for compensation for their work done on appeal.
Since Rushing, the General Assembly passed Ark. Code Ann. § 19-4-1604(b)(2)(B) (Supp.
2007), which states: “A person employed as a full-time public defender who is not provided
a state-funded secretary may also seek compensation for appellate work from the Supreme
Court or the Court of Appeals.”
Cite as 2009 Ark. 525
Mr. Devine states in his motion that he is provided with a full-time, state-funded
secretary. Accordingly, we grant his motion to be relieved.
D. Clifford Sward will be substituted as counsel for Rounsaville in this matter. The
clerk is directed to establish a new briefing schedule.
Motion granted.
-2-
CR09-1118
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