State Of Louisiana v. Benjamin J. Hart

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2026 KW 0842
VERSUS

BENJAMIN J. HART AUGUST 24, 2026
In Re: Benjamin J. Hart, applying for supervisory writs, 22nd

Judicial District Court, Parish of Washington, No. 24-
CR10-153684.

BEFORE : McCLENDON, C.J., HESTER AND MILLER, JJ.

WRIT DENIED. As an indigent inmate, relator is entitled to
receive certain court documents without the necessity of
establishing a particularized need. See State ex rel. Simmons v.
State, 93-0275, 94-2630, 94-2879, (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 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 post-conviction 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).

PMc
CHH
SMM

OURT OF APPEAL, FIRST CIRCUIT

FOR THE COURT