State Of Louisiana v. Barry Rafflee Jr.

• Court: Louisiana Court of Appeal
• Decided: January 21, 2022
• Docket: 2021KW1233
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 1233

VERSUS PAGE 1 OF 2

BARRY RAFFLES, JR. JANUARY 21, 2022

In Re: Barry Rafflee, Jr., for applying supervisory writs,

18th Judicial District Court, Parish of Iberville, No. 209- 20.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT DENIED ON THE SHOWING MADE. Relator failed to include a copy of the motion for discovery and inspection filed with the district court, a copy of the district court' s on the ruling motion, and any other portions of the district court record that might support the claims raised in the writ application.

It is noted that as an indigent inmate, relator is entitled to receive certain court documents, such as the plea guilty transcript, the bill of information or indictment, the commitment papers, the court minutes for various portions of the trial, and the 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, 1095 (per cu_riam) . 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 of showing 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, 1175( per curiam).

Further, without the of showing a particularized need, relator may need to seek his requested documents under the Public Records Law. However, a writ application arising in a criminal proceeding is not the proper procedural vehicle to establish a right to records the Public under 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 records. See La. R. S. 44: 31 & 44: 32. 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 district 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 district court rules in the civil proceeding, the person may seek an appeal of the district court' s if he action, desires. See La. R. S. 44: 35( C). See also State ex rel. McKnight v. State, 98- 2258 La. App. 1st Cir. 12/ 3/ 98), 742 So. 2d 894, 895( per curiam). STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

2021 KW 1233 PAGE 2 OF 2

JMG GH WRC

COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY L RK OF COURT FOR THE COURT