State Of Louisiana v. Jason Jarrell Spikes ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2019 KW 1679
VERSUS
JASON JARRELL SPIKES
MAY 1 2 2020
In Re: Jason Jarrell Spikes, applying for supervisory writs,
22nd Judicial District Court, Parish of Washington,
No. 16- CR6- 129868.
BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.
WRIT DENIED. There is no indication that relator has filed
an application for postconviction relief in the district court
wherein he sets out specific claims of constitutional errors
requiring the requested document for support. Therefore,
relator has not shown a particularized need for his trial
transcript. 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 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 ( per curiam) .
PMC
JEW
Holdridge J., concurs. I am concerned that it is an almost
impossible burden on a defendant to allege a particularized need
without the production of any documents.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY C ERK OF COURT
FOR THE COURT