Opinion
NO. 2016 KW 0747
07-29-2016
STATE OF LOUISIANA v. TIMOTHY ABRAMS
In Re: Timothy Abrams, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 12-CR8-123726. BEFORE: DRAKE, HOLDRIDGE AND CHUTZ, JJ.
WRIT DENIED. 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 the records. If a request for public records is denied by the custodian, before seeking relief from the appellate court, the person must first institute civil proceedings for a writ of mandamus at the trial court level. Should the person prevail, he should be prepared to pay the regular service fees for copies of the documents. After the trial court issues a ruling in the civil proceeding, the person may seek a civil appeal of the trial court's action, if he desires. State ex rel. McKnight v. State, 98-2258 (La. App. 1st Cir. 12/3/98), 742 So.2d 894, 895 (per curiam).
EGD
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WRC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT