ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

April 26, 2001

WALTER MACKINTRUSH

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 99-952

PRO SE MOTION TO STRIKE APPELLEE'S BRIEF AND FOR OTHER RELIEF [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 94-3632, HON. JOHN LANGSTON, JUDGE]

MOTION DENIED

Walter Mackintrush has lodged an appeal in this court from an order of the circuit court denying his petition for postconviction relief pursuant to Criminal Procedure Rule 37. We granted appellant leave to file a substituted brief in this appeal. The appellee State notified our clerk that it would not file a new brief in response to the substituted brief but would rather stand on the brief it had already filed. Appellant now asks that the State's brief be stricken on the ground that it is a "belated reply brief." He further asks that his conviction be reversed, that counsel be appointed, that an evidentiary hearing he held on his Rule 37 petition, and that bond be set.

The motion is denied. It is not improper for the State to stand on the brief it has already filed. With respect to the other prayers for relief, appellant has failed to support the requests with legal precedent or argument.

Motion denied.