State Of Louisiana v. Craig Joseph Aucoin

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 1323

VERSUS

CRAIG JOSEPH AUCOIN FEBRUARY 14, 2022

In Re: Craig Joseph Aucoin, for
applying supervisory writs,

32nd Judicial District Court, Parish of Terrebonne,
Nos. 803306, 811447.

BEFORE: McCLENDON, WELCH, AND THERIOT, 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.
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 April 11, 2022. 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.

It is noted that 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 free of charge without
sentencing,
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 cur.iam). 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 to his
opportunity present claims

fairly. Meeting that constitutional threshold requires a showing
of a particularized An inmate
need. 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). See also State ex rel. McKnight
v. State, 98- 2258 ( La. App. lst Cir. 12/ 3/ 98), 742 So. 2d 894,
895 ( per curzam) .

PMc
JEW

Theriot, J., concurs.

AL, FIRST CIRCUIT

94DET FOR
LERK OF COURT
THE COURT