State Of Louisiana v. Allen Odell Woods ( 2023 )


Menu:
  •                                STATE OF LOUISIANA
    COURT OF APPEAL, Fl RST CIRCUIT                           1,
    STATE    OF LOUISIANA                                                                      NO.         2022 KW       1335
    VERSUS
    ALLEN    ODELL WOODS                                                                          MARCH        6,       2023
    In Re:            Allen        Odell       Woods,          applying            for       supervisory                 writs,
    19th        Judicial          District          Court,           Parish          of     East           Baton
    Rouge,       No.    10-16-0312.
    BEFORE:           WELCH,       PENZATO,         AND    LANIER,          JJ.
    WRIT      DENIED       ON    THE       SHOWING MADE.                 Relator          failed to             include
    a    copy    of    the    bill        of    information,               the     district             court's          ruling
    on his      application             for    postconviction                    relief,      the          commissioner's
    report,        the       commitment             order,           all         pertinent             minute           entries
    and/ or     transcripts,              any      evidence          or    documentation                    regarding          his
    request       for       DNA    testing,         and    any       other        portions             of    the    district
    court       record        that        might          support           th~        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).           Furthermore,            a    copy of the             judgment denying relief and
    written        or        transcribed                reasons          for       the       judgment              shall        be
    furnished to the petitioner.                           See La.          Coqe Crim.             P.       art.    930.1.
    JEW
    AHP
    WIL
    COURT     OF APPEAL,           FIRST CIRCUIT
    DEPUTY CLERK OF COURT
    FOR THE      COURT
    

Document Info

Docket Number: 2022KW1335

Filed Date: 3/6/2023

Precedential Status: Precedential

Modified Date: 3/7/2023