Opinion
NO. 2015 KW 1841
02-22-2016
STATE OF LOUISIANA v. DEVONTE R. SMITH
In Re: Devonte R. Smith, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 650428. BEFORE: WHIPPLE, C.J., WELCH AND DRAKE, JJ.
WRIT DENIED. The district court has indicated that the video footage in question does not exist. Thus, the district court cannot be ordered to produce something that it does not have. Second, as correctly noted by the district court in the ruling on the motion to compel, as a general matter incarcerated indigents must demonstrate a particularized need for a court document before receiving a copy of it free of charge. However, indigent inmates must be provided certain documents without showing a particularized need. See State ex rel. Simmons v. State, 93-0275 (La. 12/16/94), 647 So.2d 1094, 1095 (per curiam). Even if the video footage did exist, relator's request for the item does not fall within the documents that courts must provide to inmates free of charge.
EGD
VGW
JEW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT