Michael William Catlett v. State of Arkansas

Michael William CATLETT v. STATE of Arkansas

CR 95-10                                           ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered February 3, 1997


Motions -- release of evidence for civil trial -- denied. -- Where counsel
     representing a murder victim's estate sought, for purposes of
     a civil trial, the release of all evidence in the supreme
     court's custody as a result of the criminal appeal, the motion
     was denied; counsel was permitted, however, to photograph and
     have certified by the supreme court clerk exhibits from the
     criminal-trial record.


     Motion for Release of Evidence for Civil Trial; denied.
     Sandy S. McMath, Joseph M. Nursey, and Timothy O. Dudley, for
appellant.
     Winston Bryant, Att'y Gen., by:  Clint Miller, Deputy Att'y
Gen. and Senior App. Advocate, for appellee.

     Per Curiam. 
     Counsel for the Estate of Stephanie Michelle Jungkind moves
this court for the release of all evidence in the court's custody
as a result of the criminal appeal.  See Catlett v. State, 321 Ark.
1, 900 S.W.2d 523 (1995).  Counsel for the Estate requests this in
order to use those exhibits in a civil trial where the cause of
action arises out of the death of Ms. Jungkind.
     The request for the release of exhibits to counsel for the
Estate is denied.  The Clerk of the Supreme Court will permit
counsel for the Estate to photograph exhibits from the record of
Catlett's criminal trial and will certify those photographic copies
as true and correct representations of the exhibits involved.