ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

February 19, 2004

MICHAEL GLENN PICKENS.

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 03-695

PRO SE MOTION FOR DUPLICATION OF REPLY BRIEF AT PUBLIC EXPENSE [CIRCUIT COURT OF HOT SPRING COUNTY, NO. CR 2001-10-2]

MOTION DENIED

Per Curiam

In 2001, Michael Glenn Pickens was found guilty by a jury of rape and sentenced to life imprisonment. We affirmed. Pickens v. State, 347 Ark. 904, 69 S.W.3d 10 (2002). Pickens subsequently filed in the trial court a timely petition pursuant to Criminal Procedure Rule 37.1 seeking to vacate the judgment. The petition was denied, and the record on appeal from the order has been lodged here.

Appellant, who is proceeding pro se, has tendered three copies of the appellant's reply brief. In the instant motion he asks that it be duplicated at public expense.

There is no right under our rules or any constitutional provision to have a brief in a postconviction or a civil case duplicated at public expense. See Maxie v. Gaines, 317 Ark. 231, 876 S.W.2d 572 (1994). Nevertheless, in those cases where the indigent appellant makes a substantial showing in a motion to have the appellant's brief duplicated that the appeal has merit and that he cannot provide the court with a sufficient number of copies of the brief, we will request the Attorney General to duplicate the brief. In the motion at bar appellant has failed to offer any showing of substantial merit to the appeal. Accordingly, appellant is obligated to submit an additional fourteen copies of the appellant's reply brief within fourteen days of the date of this opinion.

Motion denied.