State Of Louisiana v. Theodore J. Phillips

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 1477

VERSUS

THEODORE J. PHILLIPS FEBRUARY 14, 2022

In Re: Theodore J. Phillips, applying for supervisory writs,
16th Judicial District Court, Parish of St. Mary, Nos.
2003- 162543, 2018- 202970.

BEFORE: MCCLENDON, WELCH, AND THERIOT, JJ.

WRIT DENIED ON THE SHOWING MADE. Relator failed to include
a copy of the motion for appeal, the court' s ruling granting the
appeal, a copy of
any motions filed by relator
requesting
documents, the court' s
ruling on the motions, and any other

portions of the district court record that might support the
claims raised in the writ application. Supplementation of this

writ application anal/ 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 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 curiam). As to all other documents, an indigent
inmate has the constitutional right to free copies only in
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
mate a showing of particularized need absent a filed
properly
application for postconviction relief, which sets out specific

claims of constitutional errors the
requiring 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 curiam) .
PMC

JEW
MRT

ZQURT O PEAL, FIRST CIRCUIT

D PU Y CLERK OF COURT
FOR THE COURT