State Of Louisiana v. Toby Brooks Payne, Jr.

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 0110
VERSUS
TOBY PAYNE, JR.
APR 2 8 2020
In Re: Toby Payne, Jr., applying for supervisory writs, 32nd
Judicial District Court, Parish of Terrebonne, No.
770075
BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS,' 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 1094per curiam). As to all other docum nts, an indigent inmate has
the constitutional right to free col Les only in those instances
in which he shows that denial of the request will deprive him of
an adequate opportunity to present Lis claims
fairly. Meeting
that constitutional threshold r wires a
showing of a
particularized need. An inmate thel More cannot make a
showing
of particularized need absent a pre erly 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), E 53 So. 2d 1174 ( per curiam).
Relator may need to seek his requested documents under the
Public Records Law. 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. 4. 4: 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( 0). See also State ex rel. McKnight v. State, 98- 2258
La. App. 1st Cir. 12/ 3/ 98), 742 So. 2d 894, 895 ( per curiam).
VGW
JMG
W JB
COU T OF APPEAL, FIRST CIRCUIT
r
DEPUTY LERK OF COURT FOR THE COURT
Judge William Burris, retired, serving pro r: cmpore by special appointment
of the Louisiana Supreme Court.