Opinion
NO. 18-KH-439
08-28-2018
JOEL ORELLANA v. 24TH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA
Mary E. Legnon
Chief Deputy Clerk IN RE JOEL ORELLANA APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN C. GREFER, DIVISION "J", NUMBER 10-5896 Panel composed of Judges Susan M. Chehardy, Marc E. Johnson, and Ellen Shirer Kovach, Pro Tempore
WRIT GRANTED
In this pro se writ application, Relator seeks review of the district court's denial of his motion for production of a Boykin transcript. The district court denied Relator's motion on the basis he cannot make a showing of particularized need for the transcript because he is outside the time period within which to seek post-conviction relief and because the Louisiana Supreme Court has found Relator has exhausted his right to state collateral review.
An indigent inmate is entitled to certain types of documents as of right, including a transcript of his guilty plea colloquy. See State ex rel. Bernard v. Orleans Parish Crim. Dist. Court Section J, 94-2247 (La. 4/28/95); 653 So.2d 1174 (per curiam), and State ex rel. Simmons v. State, 93-275 (La. 12/16/94); 647 So.2d 1094 (per curiam). As to all other documents, an indigent inmate must demonstrate a particularized need, which requires a properly filed application for post-conviction relief setting forth the specific claims of constitutional error requiring the requested documentation for support. Bernard, supra at 1175. The supreme court has made clear that an indigent defendant's right to a free copy of his Boykin transcript is not dependent on his showing of a particularized need. Bernard, supra; State ex rel. Porter v. State, 94-1572 (La. 1/6/95); 648 So.2d 911; Simmons, supra. Thus, Relator is entitled to a free copy of his Boykin transcript as a matter of right.
Accordingly, we grant Relator's writ application, reverse the district court's February 1, 2018 ruling denying Relator's motion for production of his Boykin transcript, and order the district court to provide Relator with a copy of his Boykin transcript in district court case no. 10-5896 free of charge.
Gretna, Louisiana, this 28th day of August, 2018.