State Of Louisiana v. Barry Rafflee Jr.

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 1233

VERSUS PAGE 1 OF 2

BARRY RAFFLES, JR. JANUARY 21, 2022

In Re: Barry Rafflee, Jr., for
applying supervisory writs,

18th Judicial District Court, Parish of Iberville, No.
209- 20.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT DENIED ON THE SHOWING MADE. Relator failed to include
a copy of the motion for discovery and inspection filed with the
district court, a copy of the district court' s on the
ruling
motion, and any other portions of the district court record that
might support the claims raised in the writ application.

It is noted that as an indigent inmate, relator is entitled
to receive certain court documents, such as the plea
guilty
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 cu_riam) . 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 of
showing 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).

Further, without the of
showing a particularized need,
relator may need to seek his requested documents 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 the Public
under 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 if he
action, 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).

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

2021 KW 1233
PAGE 2 OF 2

JMG
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COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY L RK OF COURT
FOR THE COURT