{
  "id": 1111393,
  "name": "Don William DAVIS v. STATE of Arkansas",
  "name_abbreviation": "Davis v. State",
  "decision_date": "2001-09-06",
  "docket_number": "CR 00-528",
  "first_page": "5",
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      "cite": "314 Ark. 257",
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      "reporter": "Ark.",
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  "last_updated": "2023-07-14T21:24:55.385284+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Don William DAVIS v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nThe State of Arkansas has filed a motion to dissolve a stay of execution entered in the case of appellant, Don William Davis.\nOn March 9, 1992, appellant was convicted of capital murder in Benton County Circuit Court and was sentenced to death by lethal injection. From that conviction, he filed a direct appeal with this Court. On October 4, 1993, we affirmed his capital murder conviction and death sentence. Davis v. State (\u201cDavis 2\u201d), 314 Ark. 257, 863 S.W.2d 259 (1993). Appellant petitioned the United States Supreme Court for a writ of certiorari, but the writ was denied. Davis v. Arkansas, 511 U.S. 1026 (1994).\nOn June 6, 1994, appellant filed a timely petition for postconviction relief, pursuant to Ark. R. Crim. P. 37. On June 10, 1994, he filed a supplemental petition. On June 29, 1999, after a hearing on the matter, the trial court denied postconviction relief. Appellant sought a stay, and we granted the stay on November 11, 1999.\nAppellant filed an appeal with this Court from the June 29, 1999, order. On May 31, 2001, we affirmed the trial court\u2019s decision in Davis v. State (\u201cDavis II\u2019), 345 Ark. 161, 44 S.W.3d 726 (2001). We issued a mandate in connection with this opinion on June 19, 2001.\nThe State now files a motion to dissolve the stay of execution, which was imposed on November 11, 1999. Specifically, the State is concerned whether the stay remains in effect even though the appeal on which it was premised has been concluded. See Swindler v. State, 272 Ark. 340, 617 S.W.2d 1 (1981) (affirmatively dissolving stay of execution once proceeding is concluded).\nAppellant has exhausted all of his remedies recognized by our Court, and the stay was dissolved upon the final disposition of this appeal in Davis II, supra. See Ark. R. App. P. \u2014 Crim. 10. Therefore, we grant the State\u2019s motion. The stay is dissolved.\nMotion granted.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "McCullough Law Firm, by: R.S. McCullough, for appellant.",
      "No response."
    ],
    "corrections": "",
    "head_matter": "Don William DAVIS v. STATE of Arkansas\nCR 00-528\n53 S.W.3d 46\nSupreme Court of Arkansas\nOpinion delivered September 6, 2001\nMcCullough Law Firm, by: R.S. McCullough, for appellant.\nNo response."
  },
  "file_name": "0005-01",
  "first_page_order": 29,
  "last_page_order": 30
}