ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

March 25, 2004

KEVIN McKENZIE

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 03-775

PRO SE MOTION TO APPEAR AT HEARING [CIRCUIT COURT OF CRAWFORD COUNTY, CR 2001-412-B]

MOTION DENIED

Per Curiam

The procedural background of this matter is set out in McKenzie v. State, ___Ark.___,

___S.W.3d ___(December 4, 2003) (per curiam). Mr. Charles E. Waldman, the attorney who represented appellant Kevin McKenzie on a motion for rule on clerk filed in this court, appeared before this court on January 15, 2004, to show cause why he should not be held in civil contempt for failing to comply with the terms of certain per curiam orders. Given the circumstances of the case, we appointed a special master to conduct a hearing. McKenzie v. State, ___Ark.___, ___S.W.3d ___(February 12, 2004) (per curiam).

Appellant McKenzie, who is in the custody of the Arkansas Department of Correction, now asks by pro se motion to be transferred from his place of incarceration to the hearing. He contends that his testimony would be of value to the master in assessing the questions at issue.

The motion is denied. If the master concludes that appellant's presence is necessary, the master may issue an order compelling appellant's presence.

Motion denied.