State Of Louisiana v. Joshua E. Dixon

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2025 KW 0297

VERSUS

JOSHUA DIXON JUNE 16, 2025

In Re: Joshua Dixon, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge, No.
03-12-0911.

BEFORE : McCLENDON, C.J., GREENE AND STROMBERG, JJ.

WRIT DENIED. The Clerk of Court for East Baton Rouge Parish
has no record of a “Request for Information under LSA-R.S. 44:1,
et seq.” being filed on or about September 16, 2024. 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).

If relator is seeking 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 those records. See 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. McKnight
v. State, 98-2258 (La. App. ist Cir. 12/3/98), 742 So.2d 894, 895
(per curiam).

PMc
HG
TPS

ud CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT