State ex rel. Anderson v. Clerk of Court
This text of 648 So. 2d 909 (State ex rel. Anderson v. Clerk of Court) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In re Anderson, Rudolph; — Plaintiffs); applying for supervisory and/or remedial writ; Parish of Orleans Criminal District Court Div. “B” No. 303 — 669; to the Court of Appeal, Fourth Circuit, No. 94KW-0429.
Granted. The district court is ordered to provide relator with a copy of the charging document in his case. Although as a general matter incarcerated indigents must demonstrate a particularized need for a court document before receiving a copy of it free of charge, see, e.g., Stewart v. Lombard, 94-0040 (La. 6/3/94), 637 So.2d 496; cf. United States v. MacCollum, 426 U.S. 317, 325, 96 S.Ct. 2086, 2091, 48 L.Ed.2d 666 (1976); State ex rel. Nash v. State, 604 So.2d 1054 (La.App. 1st Cir.1992); LSA — R.S. 44:32(C)(l)(a), the bill of information or grand jury indictment charging them with committing a crime form an exception to that rule. La.C.Cr.P. art. 498; see, e.g., State ex rel. Foret v. State, 617 So.2d 900 (La.1993); State v. Martin, 516 So.2d 124 (La.1987). As to the other documents he requests, relator’s application is denied. He has not demonstrated the required particularized need. [910]*910See MacCollum, 426 U.S. at 329, 96 S.Ct. at 2093 (Blaekmun, J., concurring).
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Cite This Page — Counsel Stack
648 So. 2d 909, 1995 La. LEXIS 70, 1995 WL 6270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-anderson-v-clerk-of-court-la-1995.