State Of Louisiana v. Cedric Emerson

STATE OF LOUISIANA NO. 2024 KW 1113

VERSUS

CEDRIC EMERSON
DECEMBER 23, 2024

In Re: Cedric Emerson, applying for 23rd
supervisory writs,
Judicial District Court, Parish of Ascension, No. 38852.

BEFORE: MCCLENDON, WELCH, AND LANIER, JJ.

WRIT DENIED. As an is indigent inmate, relator
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 filed
properly application for
postconviction relief, which sets out specific claims of
constitutional errors the
requiring documentation requested
for
support. See State ex rel. Bernard v. Criminal District Court Section
11J, 11 94- 2247 ( La. 4/ 28/ 95), 653 So. 2d 1174 ( per curiam). The district
court did not err in denying relator' s motion for production of
documents,
as there is no indication that relator filed an application
for postconviction relief forth
setting specific claims of
constitutional errors.

JEW
WIL

McClendon, J., concurs. If relator is the
seeking requested
information under the Public Records Law, a writ application arising
in a criminal is the
proceeding not proper procedural vehicle to
establish a right to those records. See La. R. S. 44: 1, et A
seq.
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 level.
court 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).

CURT OF PPEAL, FIRST CIRCUIT

CFOR EPUTY CLERK OF COURT
THE COURT