Gary Barfield v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

May 3, 2001

GARY BARFIELD

Petitioner

v.

STATE OF ARKANSAS

Respondent

CACR 99-233

PRO SE MOTION FOR COPY OF TRANSCRIPT [CIRCUIT COURT OF GARLAND COUNTY, NO. CR 98-95 CC]

MOTION DENIED

Gary Barfield was found guilty of battery in the first degree and sentenced as a habitual offender to fifteen years' imprisonment. The court of appeals affirmed. Barfield v. State, CACR 99-233 (November 3, 1999).

Petitioner Barfield, who contends that he is indigent, now seeks at public expense a copy of the trial transcript.1 As grounds for the request, petitioner states that he has filed a civil rights complaint in federal court and alleges in conclusory fashion that he needs the transcript so that he may prepare an amendment to the complaint.

The motion for transcript is denied. A petitioner is not entitled to photocopying at public

expense unless he or she demonstrates some compelling need for specific documentary evidence to support an allegation contained in a petition for postconviction relief. Moore v. State, 324 Ark. 453, 921 S.W.2d 606 (1996); 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 has not demonstrated that there is a compelling need for specific documentary evidence to support an allegation in a petition for postconviction relief; nor has he alleged that there is a particular postconviction remedy available to him at this time. As a result, he has failed to show that the transcript lodged on appeal should be provided to him at no cost.

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

Motion denied.

1 For clerical purposes, the motion has been filed under the docket number assigned to the direct appeal of the judgment which was lodged in the court of appeals. This court decides motions for transcript because such motions are considered to be requests for postconviction relief. See Williams v. State, 273 Ark. 315, 619 S.W.2d 628 (1981).