State Of Louisiana v. Jaabar Celestine

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 0594

VERSUS

JAA3AR CELESTINE
AUG 19 2019

In Re: Jaabar Celestine, applying for supervisory writs, 32nd
Judicial District Court, Parish of Terrebonne, No.
665859.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED. As an indigent inmate, relator is entitled to
receive certain court documents, such as his 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, 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 to
opportunity 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 tiled 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) .

PMc
JEW

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COURT OF APPEAL, FIRST CIRCUIT
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DEPUTY C ER OF COURT
FOR THE COURT