State Of Louisiana v. Rodney Joe Hatcher

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 0865

VERSUS

RODNEY JOE HATCHER SEP 17 2019,

In Re: Rodney Joe Hatcher, applying for supervisory writs,

22nd Judicial District Court, Parish of Washington,

No. 15- CR4- 12937.

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

WRIT DENIED ON THE SHOWING MADE. Relator failed to include
a copy of his bili of information, a copy of his habitual
offender bill of information, all pertinent minute entries

and/ or transcripts, including his guilty plea and habitual
offender adjudication and any other portions of
and sentencing,
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. 1st
Cir. 12/ 3/ 98), 742 So. 2d 894, 895 ( per curiam). Although
relator claims he does not have the requested documentation,
relator failed to provide this court with any documentation

showing he requested the documents to which he is entitled and

the district court denied his request.

VGW
JMG

Crain, J., concurs.

CO RT OF APPEAL, FIRST CIRCUIT

D P CLERK OF COURT
FOR THE COURT