State Of Louisiana v. Kenneth Morgan

• Court: Louisiana Court of Appeal
• Decided: November 20, 2023
• Docket: 2023KW0849
• Status: Unknown

Opinion

STATE OF LOUISIANA

STATE OF LOUISIANA NO. 2023 KW 0849 PAGE 1 OF 2) VERSUS

KENNETH MORGAN NOVEMBER 20, 2023

In Re: Kenneth Morgan, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 1545- 07.

BEFORE: GUIDRY, C. J., CHUTZ AND LANIER, JJ.

WRIT DENIED ON THE SHOWING MADE. Relator failed to include a copy of the motion for production of documents, the district court' s ruling on the motion, any documentation regarding his

filing for postconviction relief, his bill of information, the

commitment order, any pertinent minute entries, and any other

portions of the district court record that might support the

claims raised in the writ application. Supplementation of this

writ application and/ or an application for rehearing will not be considered. See Uniform Rules of Louisiana Courts of Appeal,

Rules 2- 18. 7 & 4- 9. Any future filing on this issue should

include the entire contents of this application, the missing items noted above, and a copy of this ruling.

It is noted that 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 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 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).

Further, if relator is seeking the requested information under the Public Records Law, a writ application arising in a

criminal proceeding is not the proper procedural vehicle to establish a right to those records. See 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 J1 .

NO. 2023 KW 0849 PAGE 2 OF 2)

fees for copies of the 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).

JMG WRC WIL