State Of Louisiana v. Toby Brooks Payne, Jr.

• Court: Louisiana Court of Appeal
• Decided: April 28, 2020
• Docket: 2020KW0110
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 0110

VERSUS

TOBY PAYNE, JR. APR 2 8 2020 In Re: Toby Payne, Jr., applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 770075

BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS,' 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 per curiam). As to all other docum nts, an indigent inmate has the constitutional right to free col Les only in those instances in which he shows that denial of the request will deprive him of an adequate opportunity to present Lis claims fairly. Meeting that constitutional threshold r wires a showing of a

particularized need. An inmate thel More cannot make a showing of particularized need absent a pre erly 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), E 53 So. 2d 1174 ( per curiam).

Relator may need to seek his requested documents under the Public Records Law. 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. 4. 4: 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( 0). See also State ex rel. McKnight v. State, 98- 2258 La. App. 1st Cir. 12/ 3/ 98), 742 So. 2d 894, 895 ( per curiam).

VGW JMG W JB

COU T OF APPEAL, FIRST CIRCUIT r

DEPUTY LERK OF COURT FOR THE COURT

Judge William Burris, retired, serving pro r: cmpore by special appointment of the Louisiana Supreme Court.