James K. Anderson v. M.D. Reed and Terry Cass

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

DECEMBER 20, 2001

JAMES K. ANDERSON

Appellant

v.

M.D. REED AND TERRY CASS

Appellees

01-166

PRO SE MOTION FOR PHOTOCOPY OF DECISION AND SUPPLEMENTAL BRIEF AT PUBLIC EXPENSE [CIRCUIT COURT OF LINCOLN COUNTY, NO. LCIV 00-87]

MOTION DENIED

In 1999, James K. Anderson pled guilty to murder in the second-degree and was sentenced to forty years' imprisonment. In 2000, Anderson filed in the circuit court in the county in which he was incarcerated a pro se petition for writ of habeas corpus. The petition was denied, and Anderson appealed to this court. The appeal was dismissed on the ground that it was clearly without merit. Anderson v. Reed, 01-166 (Ark. May 17, 2001) (per curiam).

Anderson, who contends that he indigent, now asks that he be provided at public expense with a photocopy of the decision dismissing the appeal and a supplemental brief he tendered in the course of the appeal. As grounds for the request, petitioner asserts that he needs the material to show good faith exhaustion of State remedies in a petition for writ of habeas corpus filed in federal court.

The motion is denied. A copy of the decision of this court was mailed to petitioner on the day it was issued. As to the supplemental brief, petitioner has attached to the instant motiona copy of the very brief that is the subject of the motion. This court does not provide photocopying at public expense, unless the appellant can establish a compelling need for the material. See Austin v. State, 287 Ark. 256, 697 S.W.2d 914 (1985). Indigency alone does not entitle a petitioner to photocopying at public expense. Washington v. State, 270 Ark. 840, 606 S.W.2d 365 (1980). Petitioner's desire to obtain a copy of what he already possesses does not constitute a compelling need.

Motion denied.

Imber, J., not participating.