State Of Louisiana v. Chadwick Schwender

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 0168

VERSUS

CHADWICK SCHWENDER MAY 282020

In Re: Chadwick Schwender, applying for supervisory writs,
23rd Judicial District Court, Parish of Ascension,
Nos. 37408, 33740.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, 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, commitment
papers, court minutes for various portions of the trial, and
minutes of the 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 ( per curiam).

Relator may need to seek his requested information under
the Public Records Law. However, a writ application arising in
a criminal 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 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 v. State, 98-2258
La. App. 1st Cir. 12/3/98), 742 So.2d 894, 895 ( per curiam).

PMc
JEW
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COURT OF APPEAL, FIRST CIRCUIT

F COURT
FOR THE COURT