State Of Louisiana v. Stanley Lindsey

• Court: Louisiana Court of Appeal
• Decided: November 18, 2024
• Docket: 2024KW0698
• Status: Unknown

Opinion

STATE OF LOUISIANA NO. 2024 KW 0698

VERSUS

STANLEY LINDSEY NOVEMBER 18, 2024

In Re: Stanley Lindsey, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No.

03- 05- 854.

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.

WRIT DENIED. Because relator submitted his motion for production of documents to the district court less than thirty days before seeking review with this court, there has been no excessive delay. Moreover, 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 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 ( 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).

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 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).

CURT OF APPEAL, FIRST CIRCUIT

PUTY CLERK OF COURT FOR THE COURT