State Of Louisiana v. Richard J. Mahogany, Jr.

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2019 KW 1086

VERSUS

RICHARD J. MAHOGANY, JR.

OCT 2

In Re:
Richard Mahogany, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 02- 19- 0193.

BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, 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 the 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 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, 1175 ( per curiam).

Without the showing of a particularized need, relator
may
need to seek his requested documents the Public
under Records
Law. However, a writ application in
arising a criminal

proceeding is not the proper procedural vehicle to establish a

right to records under the Public Records taw, 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 State,
v. 98- 2258
La. App. 1st Cir. 12/ 3/ 98), 742 So. 2d 894, 895 ( per curiam).

TMH
AHP
WIL

COURT OF APPEAL, FI ST CIRCUIT

NK Y

FOR THE
OF
COURT
COURT