RODNEY BUNCH v. STATE OF ARKANSAS; WILLIAM MARTIN JONES, IN HIS OFFICIAL CAPACITY AS PROSECUTING ATTORNEY; TIMOTHY DAVIS FOX, IN HIS OFFICIAL CAPACITY AS CIRCUIT COURT JUDGE; LEIGH BIGGERS-PATTERSON, IN HER OFFICIAL CAPACITY AS DEPUTY PROSECUTING ATTORNEY; TAMMY HARRIS; AND Willard PROCTOR, JR.
── RODNEY BUNCH v. STATE OF ARKANSAS; WILLIAM MARTIN JONES, IN HIS OFFICIAL CAPACITY AS PROSECUTING ATTORNEY; TIMOTHY DAVIS FOX, IN HIS OFFICIAL CAPACITY AS CIRCUIT COURT JUDGE; LEIGH BIGGERS-PATTERSON, IN HER OFFICIAL CAPACITY AS DEPUTY PROSECUTING ATTORNEY; TAMMY HARRIS; AND Willard PROCTOR, JR. ──
Court: Supreme Court of Arkansas
Date: April 23, 2026
Category: General
Cite as 2026 Ark. 80
SUPREME COURT OF ARKANSAS
No. CV-25-255
Opinion Delivered: April 23, 2026
RODNEY BUNCH
APPELLANT PRO SE APPEAL FROM THE
PULASKI COUNTY CIRCUIT
COURT; SEVENTEENTH DIVISION
V.
[NO. 60CV-24-2669]
STATE OF ARKANSAS; WILLIAM HONORABLE MACKIE M. PIERCE,
MARTIN JONES, IN HIS OFFICIAL JUDGE
CAPACITY AS PROSECUTING
ATTORNEY; TIMOTHY DAVIS AFFIRMED.
FOX, IN HIS OFFICIAL CAPACITY
AS CIRCUIT COURT JUDGE; LEIGH
BIGGERS-PATTERSON, IN HER
OFFICIAL CAPACITY AS DEPUTY
PROSECUTING ATTORNEY;
TAMMY HARRIS; AND WILLARD
PROCTOR, JR.
APPELLEES
CODY HILAND, Associate Justice
Appellant Rodney Bunch appeals from the dismissal of his petition for declaratory
judgment, injunctive relief, and writ of mandamus challenging the imposition of an
enhanced life sentence for aggravated robbery based on his status as a habitual offender
pursuant to Arkansas Code Annotated section 5-4-501 (Repl. 1997).1
1
Bunch was convicted of aggravated robbery as a habitual offender and sentenced to
life imprisonment under Arkansas Code Annotated section 5-4-501(d). His conviction and
sentence were affirmed on direct appeal. See Bunch v. State, 344 Ark. 730, 43 S.W.3d 132
(2001).
Bunch’s convictions and life sentence arose from three trials in two cases in the
Pulaski County Circuit Court. In case number 60CR-98-3654, Bunch was charged with
I. Background
Bunch filed suit against the State of Arkansas, William Jones, Timothy Fox, and Leigh
Biggers-Patterson in their official capacities, asserting entitlement to declaratory and
injunctive relief. His petition alleged multiple trial errors, including misapplication of the
habitual-offender statute, a violation of Brady v. Maryland, 373 U.S. 83 (1963), a defective
information, and insufficient evidence. Bunch also named Tammy Harris and Willard
Proctor, identified as his trial counsel, but alleged no specific facts regarding their liability as
individuals. Proctor moved to dismiss, arguing that the petition failed to state any claim
against him and was, in substance, an improper and successive petition under Arkansas Rule
of Criminal Procedure 37.1. He also adopted the State’s arguments. Harris was never
served. Bunch instead moved for an order requiring her to accept service and later sought
a default judgment, raising what appeared to be an ineffective-assistance claim.
The circuit court entered three orders (1) dismissing the claims against Harris without
prejudice for failure to obtain service within 120 days under Arkansas Rule of Civil
Procedure 4(i); (2) dismissing the claims against the State defendants as an untimely and
successive Rule 37.1 petition; and (3) granting Proctor’s motion to dismiss. We affirm the
the aggravated robbery of, and theft of property from, Stephanie Springer Transue and was
tried in 1999, which resulted in a mistrial. Before the Transue case was re-tried in 2000,
Bunch was convicted on multiple counts of aggravated robbery and misdemeanor theft of
property in a separate case, 60CR-99-276, for the aggravated robberies of Head Waves salon
customers and was later separately tried for the aggravated robbery MDC salon customers.
See Bunch v. Kelley, 2016 Ark. 58 (per curiam). Because Bunch had been convicted of two
violent Class Y felonies, he was sentenced to life imprisonment in the retrial of the Transue
case.
2
orders dismissing the petition with prejudice. The dismissal without prejudice as to Harris
is not a final, appealable order.
II. Standard of Review
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}