David Lee Edwards v. State of Arkansas

Annotate this Case
cr93-432

ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

January 22, 2004

DAVID LEE EDWARDS

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 93-432

MOTION FOR PHOTOCOPY OF TRANSCRIPT AT PUBLIC EXPENSE [CIRCUIT COURT OF CRITTENDEN COUNTY, NOS. CR 91-558, CR 91-559, CR 92-209]

MOTION DENIED

Per Curiam

In 1992, David Lee Edwards was found guilty by a jury of capital murder, battery in the first degree, and the offense of being a felon in possession of a firearm. He was sentenced to life imprisonment without parole for capital murder, twenty years imprisonment for battery, and ten years imprisonment for possession of a firearm. We affirmed. Edwards v. State, 315 Ark. 126, 864 S.W.2d 866 (1993).

Edwards subsequently filed in the trial court an untimely petition pursuant to Criminal Procedure Rule 37.1. The petition was denied, and this court affirmed the order. Edwards v. State, CR 94-1148 (May 15, 1995) (per curiam).

Petitioner Edwards, who contends that he is indigent, now seeks at public expense a copy of the transcript of his trial that was lodged here on direct appeal of the judgments of conviction. As grounds for the request, petitioner asserts that the transcript is needed so that he can demonstrate that the evidence was insufficient to sustain the judgments and that his attorney at trial was ineffective. The motion 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 timely 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 trial transcript lodged on appeal should be provided to him at no cost. 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 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.

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