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State v. Clement

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Aug 11, 2014
NO. 2014 KW 0711 (La. Ct. App. Aug. 11, 2014)

Opinion

NO. 2014 KW 0711

08-11-2014

STATE OF LOUISIANA v. WADE CLEMENT


In Re: Wade Clement, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, Nos. 431887 & 437661.

BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.

WRIT DENIED. For the inmate requesting documents in anticipation of a collateral attack on his conviction, he cannot make a showing of a particularized need absent a properly filed application for postconviction relief, which sets out specific claims of constitutional errors requiring the requested documentation for support. See State ex rel. Bernard v. Criminal District Court Section "J", 94-2247 (La. 4/28/95), 653 So.2d 1174 (per curiam).

If relator is requesting documents under the Public Records Law, a writ application arising in a criminal proceeding is not the proper procedural vehicle to establish a right to records under the Public Records Law, La. R.S. 44:1, et seq. A person who wants to examine public records must make the request to the custodian of records. See La. R.S. 44:31 & 44:32. An individual in custody after sentencing following a felony conviction who has exhausted his appellate remedies is permitted access to public records if the request is limited to grounds upon which the individual could file for postconviction relief under La. Code Crim. P. art. 930.3. La. R.S. 44:31.1.

If a request for public records is denied by the custodian, before seeking relief from this Court, the person must first institute civil proceedings for a writ of mandamus at the trial court level. See La. R.S. 44:35(A). Should the person prevail, he should be prepared to pay the regular service fees for copies of the documents. After the trial court rules in the civil proceeding, the person may seek an appeal of the trial court's action, if he desires. See La. R.S. 44:35(C). See also State ex rel. McKnight v. State, 98-2258 (La. App. 1st Cir. 12/3/98), 742 So.2d 894 (per curiam).

VGW

PMc

TMH

COURT OF APPEAL, FIRST CIRCUIT /s/________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

State v. Clement

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Aug 11, 2014
NO. 2014 KW 0711 (La. Ct. App. Aug. 11, 2014)
Case details for

State v. Clement

Case Details

Full title:STATE OF LOUISIANA v. WADE CLEMENT

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Aug 11, 2014

Citations

NO. 2014 KW 0711 (La. Ct. App. Aug. 11, 2014)