State Of Louisiana v. Jimmy Adams

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2022 KW 0140

VERSUS

JIMMY ADAMS APRIL 8, 2022

In Re: Jimmy Adams, applying for supervisory writs, 22nd
Judicial District Court, Parish of Washington, No. 16-
CR4- 130706.

BEFORE: McCLENDON, WELCH, AND THERIOT, 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 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 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 the requested information under

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

PMC
JEW

MRT

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT