Branch v. State

Michael Glen BRANCH v. STATE of Arkansas

CA CR 96-737                                       ___ S.W.2d ___

                  Court of Appeals of Arkansas
                Opinion delivered August 20, 1997


               

1.   Attorney & client -- fees -- second counsel awarded additional fee. -- 
     The appellate court, which was not aware when it granted an
     earlier award for an attorney's fee that another motion would
     be filed, awarded a second attorney an additional fee for his
     work as appointed counsel.

2.   Attorney & client -- fees -- co-counsel must submit applications for fees
     jointly or at the same time. -- The appellate court directed that
     in cases where co-counsel have been appointed for an indigent
     defendant, they must submit their applications for fees
     jointly or at the same time.


     J.F. Atkinson, Jr., and R. Paul Hughes, III, for appellant.
     Winston Bryant, Att'y Gen., by:  C. Joseph Cordi, Asst. Att'y
Gen., for appellee.

     Per Curiam.                
     On June 25, 1997, we delivered an opinion reversing the
conviction of appellant Michael Glen Branch and remanding the case
to the trial court.  Mr. J. F. Atkinson, Jr., has filed his motion
for an award of an attorney's fee as appointed counsel in this
appeal.  We note that an earlier motion was filed by Mr. R. Paul
Hughes, III, in which an attorney's fee was also sought as
appointed counsel.  It was not made apparent in either motion that
appellant was represented by two attorneys in this appeal.  We
previously awarded a fee of $850 to Mr. Hughes.  We now award an
additional fee of $500 to Mr. Atkinson.  The lesser award does not
reflect an opinion that Mr. Hughes should receive a greater fee
than Mr. Atkinson, but rather that the court was not aware that
another motion for a fee would be filed when it granted the earlier
award.
     So that this situation does not reoccur in the future, we
direct that in cases where co-counsel have been appointed for an
indigent defendant, such co-counsel must submit their applications
for fees jointly or at the same time.