Opinion
NO. 2014 KW 1061
10-06-2014
STATE OF LOUISIANA v. GARY JAMES HUEY
In Re: Gary James Huey, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 06-11-0292.
BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT DENIED. As to documents normally provided in the absence of a showing of particularized need, if the inmate is not entitled to file an application for postconviction relief because of expiration of the La. Code Crim. P. art. 930.8 time limit, he must show a particularized need in order to receive the document free of charge. See State ex rel. Fleury v. State, 93-2898 (La. 10/13/95), 661 So.2d 488. An inmate can establish a particularized need by properly filing an 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); State ex rel. McKnight v. State, 98-2258 (La. App. 1st Cir. 12/3/98), 742 So.2d 894 (per curiam).
Additionally, if relator is making a complaint with regard to the computation of his sentence, La. R.S. 15:1171(B) grants authority to the Department of Public Safety and Corrections to adopt administrative remedy procedures to receive, hear, and dispose of complaints of time computations of sentences. Any complaint pertaining to the time computation must be made under the Corrections Administrative Remedy Procedure (CARP) as provided in La. R.S. 15:1171-79.
TMH
VGW
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COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT