Millard James Russey v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

May 10, 2001

MILLARD J. RUSSEY

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 98-383

PRO SE MOTION FOR COPY OF TRANSCRIPT AT PUBLIC EXPENSE [CIRCUIT COURT OF CLARK COUNTY, NO. CR 97-86]

MOTION DENIED

Millard J. Russey was found guilty by a jury of rape and sentenced as a habitual offender to life imprisonment. We affirmed. Russey v. State, 336 Ark. 401, 985 S.W.2d 316 (1999). Russey now seeks by pro se motion a photocopy at public expense of the transcript lodged on appeal. As grounds for the request, Russey states that he has been continuously incarcerated since 1997 and that "for purpose of appeal the transcript is necessary and essential to resolve the issue on appeal." There is no appeal pending in this court, and petitioner Russey does not explain to what appeal he has reference.

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); 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 a petitioner to photocopying at public expense. Washington v. State, 270 Ark. 840, 606 S.W.2d 365 (1980). Likewise, the fact of continuous incarceration does not entitled a petitioner to free photocopying.

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.