Opinion
No. 94-KH-1381
January 6, 1995
IN RE: Anderson, Rudolph; — Plaintiff(s); Applying for Supervisory and/or Remedial Writ; Parish of Orleans Criminal District Court Div. "B" Number 303-669; to the Court of Appeal, Fourth Circuit, Number 94KW-0429
January 6, 1995
Granted. The district court is ordered to provide relator with a copy of the charging document in his case. Although as a general matter incarcerated indigents must demonstrate a particularized need for a court document before receiving a copy of it free of charge, see, e.g., State ex rel, Stewart v. Lombard, 94-0040 (La. 6/3/94), 637 So.2d 496; cf. United States v. MacCollum, 426 U.S. 317, 325, 96 S.Ct. 2086, 2091, 48 L.Ed.2d 666 (1976); State ex rel. Nash v. State, 604 So.2d 1054 (La.App. 1st Cir. 1992); LSA-R.S. 44:32 (C) (1) (a), the bill of information or grand jury indictment charging them with committing a crime form an exception to that rule. La.C.Cr.P. art. 498; see, e.g., State ex rel. Foret v. State, 617 So.2d 900 (La. 1993); State v. Martin, 516 So.2d 124 (La. 1987). As to the other documents he requests, relator's application is denied. He has not demonstrated the required particularized need. See MacCollum, 426 U.S. at 329, 96 S.Ct. at 2093 (Blackmun, J., concurring).
JCW
PFC
WFM
JLD
CDK
BJJ
JPV
LEMMON, J. not on panel.