Opinion
NO. 2018 KW 0532
06-05-2018
STATE OF LOUISIANA v. LEE ANTHONY JACKSON
In Re: Lee Anthony Jackson, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 559,988. BEFORE: WHIPPLE, C.J., WELCH AND HIGGINBOTHAM, JJ.
WRIT DENIED. As an indigent inmate, relator is entitled to receive certain court documents, such as his guilty plea transcript, the bill of information or indictment, commitment papers, court minutes for various portions of the trial, and minutes of his sentencing, free of charge without the necessity of establishing a particularized need. See State ex rel. Simmons v. State, 93-0275 (La. 12/16/94), 647 So.2d 1094 (per curiam). As to all other documents, an indigent inmate has the constitutional right to free copies only in those instances in which he shows that denial of the request will deprive him of an adequate opportunity to present his claims fairly. Meeting that constitutional threshold requires a showing of a particularized need. An inmate therefore 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", 94-2247 (La. 4/28/95), 653 So.2d 1174 (per curiam). The district court properly provided relator with a copy of his sentencing hearing minutes. Relator's allegations were insufficient to establish a particularized need to receive free copies of the sentencing hearing transcript.
VGW
JEW
TMH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT