State Of Louisiana v. Jonathan Williford ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2019 KW 1632
VERSUS
JONATHAN WILLIFORD
WAR 1-3 MI
In Re: Jonathan Williford, applying for supervisory writs,
21st Judicial District Court, Parish of Livingston,
Nos. 19-- FELN- 039709, 19- MISD- 120566.
BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.
WRIT DENIED. 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 minutes of the 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).
Without the showing of a particularized need, relator may
need to seek his requested documents under the Public Records
Law. However, 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.
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).
JMM
MRT
WRC
CO OF APPE L, FIRST CIRCUIT
DEPUTY C ERK OF COURT
FOR THE COURT