Tyshawn Mims a/k/a Laeries Hayes v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 04-973

NOT DESIGNATED FOR PUBLICATION

TYSHAWN MIMS (aka LAERIES

A. HAYES)

Petitioner

v.

STATE OF ARKANSAS

Respondent

Opinion Delivered February 17, 2005

PRO SE MOTION FOR PHOTOCOPY OF RESPONSE AT PUBLIC EXPENSE [CIRCUIT COURT OF CRITTENDEN COUNTY, CR 2003-91C, HON. VICTOR L. HILL, JUDGE]

MOTION DENIED

PER CURIAM

Tyshawn Mims, who is also known as Laeries A. Hayes, lodged an appeal in this court from an order that denied a pro se petition for postconviction relief pursuant to Criminal Procedure Rule 37.1. The appellee filed a motion to dismiss the appeal which we granted. Mims v. State, CR 04-973 (Ark. December 9, 2004) (per curiam order).

Mims now asks by pro se motion to be provided at public expense with a copy of the response he filed to the appellee's motion to dismiss the appeal. As grounds for the request, he states that he is indigent and also that he needs a copy of the response and the exhibits to the response for use in another case.

The motion is denied. A petitioner is not entitled to a free copy of written material on file with this court unless he 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) (per curiam); Brooks v. State, 303 Ark. 188 S.W.2d 792 (1990) (per curiam); see Austin v. State, 287 Ark. 256, 697 S.W.2d 914 (1985) (per curiam). Indigency alone is not sufficient cause to grant a motion for photocopying at public expense. Washington v. State, 270 Ark. 840, 606 S.W.2d 365 (1980) (per curiam). Petitioner did not file a timely petition for postconviction relief in State court within the time limits allowed for such a petition, and he does not contend that there is some timely postconviction remedy available to him now.

It should be noted that when an appeal has been lodged in this court, the material pertaining to the appeal remains permanently on file with the clerk. Persons may review the material in the clerk's office and photocopy all or portions of it. An incarcerated person desiring a photocopy of material on file 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.