{
  "id": 1257712,
  "name": "Paul EMERY v. STATE of Arkansas",
  "name_abbreviation": "Emery v. State",
  "decision_date": "2000-04-27",
  "docket_number": "CR 97-993",
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  "last_updated": "2023-07-14T18:03:19.609022+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Paul EMERY v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "PER CURIAM.\nVal P. Price, attorney for Paul Emery, petiIAM. reconsideration of this court\u2019s order issued on February 16, 2000, which denied his motion for attorney\u2019s fees. We conclude that Mr. Price\u2019s petition has merit and, therefore, grant his motion for attorney\u2019s fees.\nAppellant Paul Emery was convicted in the Jackson County Circuit Court of one count of rape and one count of sexual abuse. He was sentenced to prison terms of forty years and ten years, respectively. Pursuant to Anders v. California, 386 U.S. 738 (1967), Mr. Emery\u2019s appointed counsel, Val P. Price, filed a motion to be relieved and a brief stating there was no merit to the appeal. Mr. Emery also filed a pro se brief. This court affirmed the convictions and sentences in Emery v. State, CR 97-993, slip op. (Ark. Nov. 4, 1999).\nMr. Price, a state-salaried public defender, filed a motion for attorney\u2019s fees pursuant to Ark. Sup. Ct. R. 6-6 (c) for work done on Mr. Emery\u2019s criminal appeal. We denied the motion for attorney\u2019s fees, citing Rushing v. State, 340 Ark. 84, 8 S.W.2d 489 (2000), where we held that Ark. Code Ann. \u00a7 16-87-214 precludes state-salaried public defenders from receiving additional compensation from the State for their services. See also, Ark. Code Ann. \u00a7\u00a7 19-4-1601 \u2014 1615. On February 22, 2000, Mr. Price filed a motion for reconsideration of the denial of his motion for attorney\u2019s fees, asserting that he became a state-salaried public defender on January 1, 1998. Fie further states that all of the work for which he seeks compensation occurred prior to that date while he was a part-time public defender paid by Jackson County. Mr. Price does not seek compensation for any work which he performed as a state-salaried public defender.\nIn view of these representations by Mr. Price, we conclude that he did not become a state-salaried public defender subject to the limitations of Ark. Code Ann. \u00a7 16-87-214 until January 1, 1998. We therefore hold that he is entitled to attorney\u2019s fees under Ark. Sup. Ct. R. 6-6(c) for any work on Mr. Emery\u2019s appeal that was performed prior to Mr. Price\u2019s employment as a state-salaried public defender.\nMotion Granted.",
        "type": "majority",
        "author": "PER CURIAM."
      }
    ],
    "attorneys": [
      "Val P. Price, Public Defender, for appellant.",
      "Mark Pryor, Att\u2019y Gen., by: Sandy Moll, Ass\u2019t Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Paul EMERY v. STATE of Arkansas\nCR 97-993\n15 S.W.3d 672\nSupreme Court of Arkansas\nOpinion delivered April 27, 2000\nVal P. Price, Public Defender, for appellant.\nMark Pryor, Att\u2019y Gen., by: Sandy Moll, Ass\u2019t Att\u2019y Gen., for appellee."
  },
  "file_name": "0193-01",
  "first_page_order": 219,
  "last_page_order": 220
}