State Of Louisiana v. Chadwick Schwender

• Court: Louisiana Court of Appeal
• Decided: May 28, 2020
• Docket: 2020KW0168
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2020 KW 0168

VERSUS

CHADWICK SCHWENDER MAY 282020

In Re: Chadwick Schwender, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, Nos. 37408, 33740.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.

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

Relator may need to seek his requested information 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 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 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 action, if he 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).

PMc JEW GH

COURT OF APPEAL, FIRST CIRCUIT

F COURT FOR THE COURT