Edward Eugene Mayberry, Jr. v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

FEBRUARY 13, 2003

EDWARD EUGENE MAYBERRY, JR.

Petitioner

v.

STATE OF ARKANSAS

Respondent

CACR 01-900

PRO SE MOTION FOR PHOTOCOPY OF TRANSCRIPT AND BRIEFS AT PUBLIC EXPENSE [CIRCUIT COURT OF HOT SPRING COUNTY, NO. CR 2000-209-2]

MOTION DENIED

Edward Eugene Mayberry, Jr. was found guilty by a jury of aggravated robbery and kidnapping. An aggregate sentence of 240 months' imprisonment was imposed. The court of appeals affirmed. Mayberry v. State, CACR 01-900 (Ark. App. August 28, 2002).

Petitioner Mayberry, who contends that he is indigent, now seeks at public expense a copy of the trial transcript and the briefs filed on appeal.1 As grounds for the request, petitioner states that the transcript and briefs are needed to decide certain issues. He further states that his attorney on appeal has failed to provide a copy of the transcript and briefs to him.

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). An appointed attorney is not required to provide his or her client with a copy of the transcript or briefs for the purpose of pursuing postconviction relief.

Petitioner here has not explained why any of the issues he sets out in his motion could not be raised in a postconviction proceeding without access to the transcript and briefs. As a result, he has failed to show that the transcript and briefs from the direct 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 and briefs remain permanently on file with the clerk. Persons may review a transcript or briefs in the clerk's office and photocopy all or portions of the material. An incarcerated person desiring a photocopy of a transcript or briefs 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.

Imber, J., not participating.

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).