Gregory Christopher Decay v. State of Arkansas
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SUPREME COURT OF ARKANSAS
No.
CR08-1259
GREGORY CHRISTOPHER DECAY,
APPELLANT,
Opinion Delivered November
20, 2008
MOTION TO BE RELIEVED AS
COUNSEL AND TO STAY THE
BRIEFING SCHEDULE
VS.
STATE OF ARKANSAS,
APPELLEE,
GRANTED.
PER CURIAM
MOTIONS — M OTION TO BE RELIEVED AS COUNSEL AND STAY BRIEFING SCHEDULE — M OTION GRANTED
WHERE ATTORNEYS FOR APPELLANT HAD A F U LL - TIM E, STATE- FUNDED SECRETARY. — 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 Arkansas Supreme Court or Court of
Appeals; the motion filed by attorneys for the appellant stated that they are provided with a fulltime, state-funded secretary; accordingly, their motion to withdraw as attorneys was granted,
another attorney was substituted, and the clerk was ordered to establish a new briefing schedule.
Denny Hyslip and Julie C. Tolleson, for appellant.
No response.
Denny Hyslip and Julie C. Tolleson, full-time, state-salaried public defenders for the
Fourth Judicial District, were appointed by the trial court to represent appellant, Gregory
Christopher Decay. Following a jury trial, Decay was convicted of two counts of capital
murder and sentenced to death as to both counts.
A notice of appeal was timely filed and a
request for the transcribed record was filed in this case.
Mr. Hyslip and Ms. Tolleson now ask to be relieved as counsel for appellant in this
criminal appeal based on the case of Rushing v. State, 340 Ark. 84, 8 S.W.3d 489 (2000),
where we held that full-time, state salaried public defenders were ineligible for compensation
for their work on appeal.
Since Rushing, the General Assembly passed Arkansas Code
Annotated § 19-4-1604(b)(2)(B) (Supp. 2007), which states:
A person employed as full-time public defender who is not provided a
state-funded secretary may also seek compensation for appellate work from the
Arkansas Supreme Court or the Court of Appeals.
Mr. Hyslip and Ms. Tolleson’s motion states that they are provided with a full-time,
state-funded secretary. Accordingly, we grant their motion to withdraw as attorneys. Mr. Dale
Adams will be substituted as attorney for appellant in this matter.
The clerk will establish a
new briefing schedule.
-2-
CR08-1259
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