Andre Lamont Jackson v. State of Arkansas

ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

December 4, 2003

ANDRE LAMONT JACKSON

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 98-386

PRO SE MOTION FOR PHOTOCOPY OF TRANSCRIPT AT PUBLIC EXPENSE [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 96-2026]

MOTION DENIED

Per Curiam

In 1997, Andre Lamont Jackson was found guilty of murder in the first degree and committing a terroristic act and sentenced to an aggregate term of thirty years' imprisonment. We affirmed. Jackson v. State, 336 Ark. 530, 986 S.W.2d 405 (1999). Jackson now seeks by pro se motion a photocopy at public expense of the transcript lodged on appeal.

As grounds for the request, petitioner Jackson asserts that he is indigent and that he desires to proceed in the trial court with a petition pursuant to Act 1780 of 2001. The act amended Arkansas's state habeas corpus statute to provide that a writ could issue to any person "who has alleged actual innocence of the offense or offenses for which the person was convicted....in accordance with §16-112-201 et seq." Ark. Code Ann. §16-112-103(a)(1).

Specifically, petitioner asserts that a witness at trial committed perjury when he identified him and that a second witness committed perjury when he testified in contradiction of his original statement to the police. Finally, he contends that his attorney was ineffective in that counsel failed to bring out that his fingerprints were not on the murder weapon and he did not fit the description of the perpetrator of the offense.

The motion for a photocopy of the trial transcript at public expense 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); Brooks v. State, 303 Ark. 188 S.W.2d 792 (1990); see Austin v. State, 287 Ark. 256, 697 S.W.2d 914 (1985). Indigency alone does not entitle petitioner to photocopying at public expense. Washington v. State, 270 Ark. 840, 606 S.W.2d 365 (1980). Petitioner does not contend that there is any particular documentary evidence contained in the transcript that is necessary to his raising the allegations he desires to raise in his petition pursuant to Act 1780; that is, he has not demonstrated that the allegations cannot be raised without access to a copy of the transcript.

It should be noted that when an appeal has been lodged in this court, 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 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 v. State, supra.

Motion denied.