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State v. Wilson

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Jun 25, 2018
NO. 2018 KW 0505 (La. Ct. App. Jun. 25, 2018)

Opinion

NO. 2018 KW 0505

06-25-2018

STATE OF LOUISIANA v. CLAYTON WILSON


In Re: Clayton Wilson, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 07-15-0442. BEFORE: GUIDRY, PETTIGREW AND CRAIN, JJ.

WRIT DENIED ON THE SHOWING MADE. Relator failed to provide this court with a copy of his Notice of Intent filed with the district court in September 2017, including any documentation regarding his postmark or date of delivery to prison authorities for mailing. Relator also failed to provide this court with his previously filed motion requesting documents, and the district court's August 11, 2017, ruling on that motion.

JTP

WJC

Guidry, J., concurs. As an incarcerated pro se prisoner, relator may seek review of the district court's judgment denying the motion without the necessity of obtaining a return date. Moreover, without showing a particularized need, incarcerated indigents are entitled to a free copy of certain documents: Boykin transcript, bill of information, commitment papers, court minutes for various portions of the trial, and minutes of the sentencing. See State ex rel. Simmons v. State, 93-0275 (La. 12/16/94), 647 So.2d 1094 (per curiam). For all other documents, the inmate is required to 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", 94-22 4 7 (La. 4/28/95), 653 So.2d 1174, 1175 (per curiam); State ex rel. McKnight v. State, 98-2258 (La. App. 1st Cir. 12/3/98), 742 So.2d 894, 895 (per curiam). COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

State v. Wilson

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Jun 25, 2018
NO. 2018 KW 0505 (La. Ct. App. Jun. 25, 2018)
Case details for

State v. Wilson

Case Details

Full title:STATE OF LOUISIANA v. CLAYTON WILSON

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Jun 25, 2018

Citations

NO. 2018 KW 0505 (La. Ct. App. Jun. 25, 2018)