Opinion
NO. 2017 KW 0054
03-20-2017
STATE OF LOUISIANA v. DAMON DELMORE
In Re: Damon Delmore, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, Nos. 32656 & 32726. BEFORE: HIGGINBOTHAM, THERIOT, AND CHUTZ, JJ.
WRIT DENIED. An inmate cannot make a showing of 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", 94-224 7 (La. 4/28/95), 653 So.2d 1174, 1175 (per curiam). An application for postconviction relief shall not be entertained if the petitioner may appeal the conviction and sentence which he seeks to challenge, or if an appeal is pending. La. Code Crim. P. art. 924.1. Furthermore, 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). A person who wants to examine public records must make the request to the custodian of the records. See La. R.S. 44:31 & 44:32. Should the person prevail, he should be prepared to pay the regular service fees for copies of the documents. See State ex rel. McKnight v. State, 98-2258 (La. App. 1st Cir. 12/3/98), 742 So.2d 894, 895 (per curiam). Accordingly, the district court did not err by denying relator's second motion for production of documents.
WRC
TMH
MRT
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT