Arthur Lewis v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

FEBRUARY 21, 2002

ARTHUR LEWIS

a/k/a Author Lewis

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 99-657

PRO SE MOTION FOR CERTIFIED PHOTOCOPY OF RECORD AT PUBLIC EXPENSE [CIRCUIT COURT OF MISSISSIPPI COUNTY, CHICKASAWBA DISTRICT, NO. CR 98-141, HON. DAVID BURNETT, JUDGE]

MOTION DENIED

On October 5, 1998, judgment was entered reflecting that Arthur Lewis had pleaded guilty to murder in the first degree. A sentence of 480 months' imprisonment was imposed.

Lewis subsequently filed in the trial court a timely petition for postconviction relief under Criminal Procedure Rule 37 challenging the judgment. The court denied the petition, and Lewis appealed to this court. We affirmed. Lewis v. State, CR 99-657 (Ark. June 8, 2000) (per curiam). Now before us is a motion filed by petitioner Lewis pursuant to the Freedom of Information Act seeking a certified photocopy of the record lodged in the postconviction appeal.

Petitioner invokes the Freedom of Information Act. As grounds for the request, petitioner asserts that he is entitled to a copy of the record because a pro se appellant is required to provide an abstract of the record in his appeal brief. There is, however, no appeal pending in which petitioner is an appellant and thus required to submit a brief.

The motion is denied. The Freedom of Information Act, codified as Ark. Code Ann. § 25-19-101 et seq, does not require an appellate court to provide photocopying at public expense. See Moore v. State, 324 Ark. 453, 921 S.W.2d 606 (1996). A petitioner is not entitled to a free copy of material on file with this court unless he demonstrates some compelling need for specific documentary evidence to support an allegation contained in a timely petition for postconviction relief. See Austin v. State, 287 Ark. 256, 697 S.W.2d 914 (1985). Indigency alone does not entitle a petitioner to a free photocopying. Washington v. State, 270 Ark. 840, 606 S.W.2d 365 (1980). As petitioner has already proceeded under Rule 37 and Rule 37.2(b) does not permit the filing of an unauthorized second petition, he has failed to demonstrate that he is entitled to photocopying at public expense.

It should be noted that when an appeal has been lodged in this court, the appeal record remains permanently on file with the clerk. Persons may review a record in the clerk's office and photocopy all or portions of it. An incarcerated person desiring a photocopy of a record may write this court, remit the photocopying fee, and request that the copy be mailed to the prison. All persons, including prisoners, must bear the cost of photocopying. Moore, supra.

Motion denied.