State Of Louisiana v. Almoine Powell ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 0489
VERSUS
ALMOINE POWELL JULY 20, 2020
In Re: Almoine Powell, for 19th
applying supervisory writs,
Judicial District Court, Parish of East Baton Rouge,
No. 11- 17- 0216.
BEFORE: MaCLENDON, WELCH, AND HOLDRIDGE, JJ.
WRIT DENIED. Relator failed to demonstrate a
particularized need for the items that he requested in the
Motion to Discover and Disclose Evidence Favorable to Defense."
See State ex rel. Simmons v. State, 93- 0175 ( La. 12/ 16/ 94), 647
So. 2d 1094. Furthermore, the records the East Baton
of Rouge
Parish Clerk of Court' s Office reflect that on May 19, 2020, the
district court ordered that relator be provided with the
sentencing transcript, bill of information, minutes, and
documents committing him to For these
custody. reasons, the
district court did not err by denying relator' s " Motion to
Discover and Disclose Evidence Favorable to Defense."
Moreover, a writ application in
arising 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 the records. See La. R. S. 44: 31
44: 32. An individual in after
custody sentence
following
felony conviction who has exhausted his appellate remedies is
permitted access to public records if the request is limited to
grounds upon which the individual could file for postconviction
relief under La. Code Crim. P. art. 930. 3. La. R. S. 44: 31. 1.
Section 31. 1 does not prevent an inmate from seeking records
simply because the two- year time limitation for the filing of
postconviction relief has passed. See La. Code Crim. P. art.
930. 8. 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 trial 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 trial court issues a
ruling in the civil the
proceeding, person may seek a civil
appeal of the trial court' s action, if he desires. See La. R. S.
44: 35( C). State ex rel. McKnight v. State, 98- 2258 ( La. App.
1st Cir. 12/ 3/ 98), 742 So. 2d 894, 895 ( per curiam).
PMc
JEW
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COU ' T OF APPEAL, FIRST CIRCUIT
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RPUTY LERK OF COURT
FOR THE COURT