State Of Louisiana v. Jonathan Williford

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2019 KW 1632

VERSUS

JONATHAN WILLIFORD WAR 1-3 MI

In Re: Jonathan Williford, applying for supervisory writs,

21st Judicial District Court, Parish of Livingston,

Nos. 19-- FELN- 039709, 19- MISD- 120566.

BEFORE: McDONALD, THERIOT, AND CHUTZ, 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, the

commitment papers, the 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, 1175 ( per curiam).

Without the showing of 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 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).

JMM MRT WRC

CO OF APPE L, FIRST CIRCUIT

DEPUTY C ERK OF COURT FOR THE COURT