State Of Louisiana v. Whitney Loston ( 2023 )

STATE OF LOUISIANA NO. 2023 KW 0905
VERSUS
WHITNEY LOSTON DECEMBER 4, 2023
In Re: Whitney Loston, applying for supervisory writs, 16th
Judicial District Court, Parish of St. Mary, Nos.
2009- 181129/ 03- 162554.
BEFORE: McCLENDON, HESTER, AND MILLER, JJ.
WRIT DENIED ON THE SHOWING MADE. Relator failed to include
the resentencing minute entries and/ or the transcript, his bill
of information, the uniform commitment order, any pertinent
minute entries, and other portions of the district court record
that might support the claims raised in the writ application.
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.
It is noted that as an indigent inmate, relator is entitled
to receive certain court documents, such as the guilty plea
transcript, the bill of information or indictment, the
commitment papers, the court minutes for various portions of the
trial, and the 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, 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).
PMC
CHH
SMM
OURT OF APPEAL, FIRST CIRCUIT
PUTY CLERK OF COURT
i
FOR THE COURT