IN THE CIRCUIT COURT OF CLAY COUNTY, ARKANSAS
WESTERN DISTRICT

STATE OF ARKANSAS   PLAINTIFF

v. CR-93-47

JESSIE LLOYD MISSKELLEY, JR.   DEFENDANT

STATE'S RESPONSE TO MOTION TO PRESERVE EVIDENCE AND FOR ACCESS TO EVIDENCE FOR TESTING


Comes now the State of Arkansas, by and through the Prosecuting Attorney for the Second Judicial Circuit, Brent Davis, and for it's response to defendant's motion states:

1. The State admits paragraph 1 and 2 of the motion.

2. The State contends that the additional tests requested by defendant could not produce any evidence which would be relevant or admissible in a Rule 37 proceeding, which is the only claim for relief the defendant has pending.

3. That the defendant has failed to assert or establish any basis to believe that such testing would lead to any exculpable evidence.

4. The State denies that the conviction of the defendant was in violation of the State and Federal Constitution.

5. The State has no objection to a Protective Order being entered regarding the preservation and handling of certain items of physical evidence.

6. The State requests a full hearing before any order granting the defendant's motion is granted.

      Wherefore, the State of Arkansas prays that the request contained in defendant's motion be denied or that in the alternative a hearing be held to determine its merits and for any and all other relief to which the State may be entitled.

Respectfully Submitted,

Brent Davis (signature)
By: Brent Davis, ABN 82048
Prosecuting Attorney
Second District
1021 S. Main
Jonesboro, AR 72401
870-972-9505

       CERTIFICATE OF SERVICE

     I, Brent Davis, hereby certify that I have mailed a copy of the foregoing by first class mail to Dan Stidham, Attorney for the Defendant Misskelley, 500 West Court Street, Paragould, AR 72451-0856 and Judge David Burnett, Circuit Judge, P.O. Box 704, Osceola, AR 72370 this 9 day of March, 2001.

Brent Davis (signature)
Brent Davis