State Of Louisiana v. Clifton Daigle

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 0834

VERSUS

CLIFTON DAIGLE SEP 17 2019

In Re: Clifton Daigle, applying for supervisory writs, 22nd
Judicial District Court, Parish of St. Tammany, No.

536462.

BEFORE: WHIPPLE, C. J., GUIDRY AND CRAIN, JJ.

WRIT DENIED ON THE SHOWING MADE. Relator failed to include
a copy of his motion to correct an illegal sentence filed with
the district court, a copy of his habitual offender bill of

information, all pertinent minute entries and/ or transcripts,

and
including his habitual offender adjudication and sentencing,
any other portions of the district court record that might

support the claims raised in his application filed with this

court. 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. In the

event relator elects to file a new application with this court,

the application must be filed on or before November 12, 2019.

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.

Moreover, without showing a particularized need,

incarcerated indigents are entitled to a free
copy of certain

documents: Boykin transcript, bill of information, commitment

papers, court minutes for various portions of the trial, and

minutes of the sentencing. See State ex rel. Simmons v. State,

93- 0275 ( La. 12/ 16/ 94), 647 So. 2d 1094, 1095 ( per curiam). For

all other documents, the inmate is required to establish a

particularized need" by properly filing an 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); State ex rel. McKnight v. State, 98- 2258 ( La. App. lst
Cir. 12/ 3/ 98), 742 So. 2d 894, 895 ( per curiam). Although
relator claims he was not provided with the requested

documentation, relator failed to provide this court with any
documentation showing the district court denied his request for
documentation to which he is entitled.

VGW
JMG

Crain, J., concurs.

COURT OF APPEAL, FIRST CIRCUIT

Ao, S- ; D P
o
CLERK OF COURT
FOR THE COURT