State Of Louisiana v. Almoine Powell

• Court: Louisiana Court of Appeal
• Decided: July 20, 2020
• Docket: 2020KW0489
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 0489

VERSUS

ALMOINE POWELL JULY 20, 2020

In Re: Almoine Powell, for 19th applying supervisory writs, Judicial District Court, Parish of East Baton Rouge, No. 11- 17- 0216.

BEFORE: MaCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED. Relator failed to demonstrate a particularized need for the items that he requested in the Motion to Discover and Disclose Evidence Favorable to Defense." See State ex rel. Simmons v. State, 93- 0175 ( La. 12/ 16/ 94), 647 So. 2d 1094. Furthermore, the records the East Baton of Rouge Parish Clerk of Court' s Office reflect that on May 19, 2020, the district court ordered that relator be provided with the sentencing transcript, bill of information, minutes, and documents committing him to For these custody. reasons, the district court did not err by denying relator' s " Motion to Discover and Disclose Evidence Favorable to Defense."

Moreover, a writ application in arising a criminal

proceeding is not the proper procedural vehicle to establish a

right to records under the Public Records Law, La. R. S. 44: 1, et seq. A " person" who wants to examine public records must make the request to the custodian of the records. See La. R. S. 44: 31 44: 32. An individual in after custody sentence following felony conviction who has exhausted his appellate remedies is permitted access to public records if the request is limited to grounds upon which the individual could file for postconviction relief under La. Code Crim. P. art. 930. 3. La. R. S. 44: 31. 1. Section 31. 1 does not prevent an inmate from seeking records

simply because the two- year time limitation for the filing of postconviction relief has passed. See La. Code Crim. P. art. 930. 8. If a request for public records is denied by the custodian, before seeking relief from this court, the person must first institute civil proceedings for a writ of mandamus at the trial court level. See La. R. S. 44: 35( A). Should the person prevail, he should be prepared to pay the regular service fees for copies of the documents. After the trial court issues a

ruling in the civil the proceeding, person may seek a civil appeal of the trial court' s action, if he desires. See La. R. S. 44: 35( C). State ex rel. McKnight v. State, 98- 2258 ( La. App. 1st Cir. 12/ 3/ 98), 742 So. 2d 894, 895 ( per curiam).

PMc JEW GH

COU ' T OF APPEAL, FIRST CIRCUIT

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RPUTY LERK OF COURT FOR THE COURT