State Of Louisiana v. Charles Pineda

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 1184
PAGE 1 OF 2

VERSUS

CHARLES L. PINEDA
OCT Z 9 2019

In Re: Charles L. Pineda, applying for supervisory writs,

22nd Judicial District Court, Parish of St. Tammany,
No. 562011.

BEFORE: HIGGINBOTHAM, CRAIN, AND LANIER, JJ.

WRIT DENIED. The records of the Clerk of Court of St.

Tammany Parish reflect the district court acted on relator' s

motion on June 24, 2019. Moreover, 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 ( 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 fairly. that
claims
Meeting
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 ( per curiam) .

According to relator, he has yet to file an application for
postconviction relief; thus, relator failed to establish a

particularized need. Based on the records, the district court

did not err in denying relator' s motion for production of

documents.

Without the showing of a particularized need, relator may
need to seek his requested documents under the Public Records
Law. However, a writ application in a criminal
arising
proceeding is not the proper procedural vehicle to establish a

right to records under the Public Records Law, 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 is denied the
public records by
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

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

NO. 2019 KW 1184
PACE 2 OF 2

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 v. State, 98- 2258
La. App. 1st Cir. 12/ 3/ 98), 742 So. 2d 894, 895 ( per curiam).

Crain, J., concurs.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CL OF COURT
FOR THE COURT