ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

June 19, 2003

RANDALL McARTY

Petitioner

v.

HENRY MORGAN, PROSECUTING ATTORNEY

Respondent

03-293

PRO SE MOTION TO SUPPLEMENT RECORD [CIRCUIT COURT OF CLARK COUNTY, NO. CV 2002-208]

MOTION DENIED

Randall McArty, who was convicted in 1993 of a criminal offense and sentenced to life imprisonment in the Arkansas Department of Correction, filed a petition in the trial court contending that the prosecuting attorney had failed to provide him with a copy of the autopsy photographs and the medical examiner's diagrams from his criminal trial that he had requested pursuant to the Freedom of Information Act, codified as Ark. Code Ann. § 25-19-101 et seq. The court dismissed the petition on a finding that the prosecutor had made the material available at a reasonable fee. McArty has lodged an appeal from that order in this court. He now asks that the record be supplemented with a copy of the photographs and diagrams that he requested.

The motion is denied. To warrant supplementing a record on appeal, the burden is on the party making the request to demonstrate in accordance with Ark. R. Civ. P.(6)(e) that the record on appeal is deficient by reason of error, accident, or mistake. This appeal pertains to theorder dismissing the petition that alleged that the prosecutor had violated the Freedom of Information Act. Appellant has not shown that the material requested under the act is pertinent to the issue of whether the act was violated.

Motion denied.

Arnold, C. J., not participating.

Corbin, J., not participating.