Opinion
NO. 2014 CW 1654
03-09-2015
STATE OF LOUISIANA v. CEDRIC HUTTON
In Re: Cedric Hutton, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 500319. BEFORE: GUIDRY, WELCH AND THERIOT, JJ.
WRIT DENIED. Relator Cedric Hutton seeks review of the trial court's denial of his request for a certified copy of his habitual offender sentencing transcript. As a general matter, incarcerated indigents must demonstrate a particularized need for court documents before receiving copies free of charge. See State ex rel. Simmons v. State, 93-0275 (La. 12/16/94), 647 So.2d 1094 (per curiam). Relator has failed to establish a particularized need by filing an application for postconviction relief that 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, 1175 (per curiam). Insofar as relator seeks a free copy of the documents requested in the motion, the Louisiana Supreme Court has held that inmates are not entitled to documents where their postconviction claims were time barred or not cognizable on collateral review. See State ex rel. Brown v. State, 2003-2568 (La. 3/26/04), 870 So.2d 976 (per curiam).
To the extent relator desires to obtain a copy of the transcript under the Public Records Law, La. R.S. 44:1 et seq., he must make the request to the custodian of the records and he should be prepared to pay the regular service fees for a copy of the requested document. See La. R.S. 44:31 & 44:32; see also State ex rel. McKnight v. State, 98-2258 (La. App. 1st Cir. 12/3/98), 742 So.2d 894 (per curiam).
JEW
MRT
JMG
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT