SUPREME COURT OF ARKANSAS
KEVIN LYNN DAVIS, JR.,
STATE OF ARKANSAS,
Opinion Delivered February 21, 2008
MOTION TO BE RELIEVED AS
ATTORNEY FOR APPELLANT AND
STAY BRIEFING SCHEDULE
On November 21, 2005, Timothy W. Bunch, a full-time, state-salaried public
defender, was appointed by the circuit court to represent Kevin Lynn Davis, Jr. The record
was lodged with this court on February 1, 2008. Mr. Bunch now moves to be relieved as
attorney for Davis 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, state-
salaried public defenders were ineligible for compensation for their work on appeal. Since
Rushing, the General Assembly passed Ark. Code Ann. § 19-4-1604(b)(2)(B) (Supp. 2007),
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.
Mr. Bunch states in his motion that he is provided with a full-time, state-funded
secretary. Accordingly, we grant his motion to be relieved.
Daniel Becker will be substituted as counsel for Davis in this matter. The clerk is
directed to establish a new briefing schedule.