State Of Louisiana v. Jawuan Maliq Wilson ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2022 KW 1197
VERSUS PAGE 1 OF 2
JUWAN MALIQ WILSON FEBRUARY 1, 2023
In Re: Juwan Maliq Wilson, applying for supervisory writs,
22nd Judicial District Court, Parish of St. Tammany,
No. 0225-F-2020.
BEFORE: GUIDRY, C.J., WOLFE AND MILLER, JJ.
WRIT DENIED ON THE SHOWING MADE. Relator failed to include
a copy of the bill of information, the commitment order, all
pertinent minute entries and/or transcripts, in particular, the
guilty plea transcript, and any other portions of the district
court record that might support the claims raised in the
application for postconviction relief. Supplementation of this
writ application and/or an application for rehearing will not be
considered. See Uniform Rules of Louisiana Courts of Appeal,
Rules 2-18. 7 & 4-9. 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.
Moreover, without showing a particularized need,
incarcerated indigents are entitled to a free copy of certain
documents: Boykin transcript, bill of information, commitment
papers, court minutes for various portions of the trial, and
minutes of the sentencing. 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 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, 1175 (per
curiam) .
Further, 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.
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
I
2022 KW 1197
PAGE 2 OF 2
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).
JMG
EW
SMM
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT