Phillip E. Wickliffe v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

MAY 2, 2002

PHILLIP E. WICKLIFFE

Petitioner

v.

STATE OF ARKANSAS

Respondent

01-1220

PRO SE MOTION FOR PHOTOCOPY OF RECORD AT PUBLIC EXPENSE CIRCUIT [COURT OF JACKSON COUNTY, CIV-2001-165]

MOTION DENIED

Phillip Wickliffe, who is currently incarcerated in the Arkansas Department of Correction for aggravated robbery and theft of property, filed in the Circuit Court of Jackson County a pro se petition for writ of habeas corpus seeking to have his convictions vacated. The petition was denied, and Wickliffe appealed to this court. Finding that appellant could not prevail, we dismissed the appeal. Wickliffe v. State, 01-1220 (Ark. February 28, 2002). Now before us is a motion filed by petitioner Wickliffe seeking at public expense a photocopy of the record lodged in the habeas appeal.

The motion is denied. A petitioner is not entitled to a free copy of material on file with this court unless he demonstrates some compelling need for specific documentary evidence to support an allegation contained in a timely petition for postconviction relief. See Austin v. State, 287 Ark. 256, 697 S.W.2d 914 (1985). Indigency alone does not entitle a petitioner to a freephotocopying. Washington v. State, 270 Ark. 840, 606 S.W.2d 365 (1980). Petitioner here contends that he is innocent of the offenses of which he was convicted and that he has filed a suit for money damages in federal court. He desires to add the record from the habeas appeal to the record filed in the federal suit. We find that petitioner has failed to establish a compelling need for a photocopy of the record from the habeas appeal to support an allegation contained in a petition for postconviction relief.

It should be noted that when an appeal has been lodged in this court, the appeal record remains permanently on file with the clerk. Persons may review a record in the clerk's office and photocopy all or portions of it. An incarcerated person desiring a photocopy of a record 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, 324 Ark. 453, 921 S.W.2d 606 (1996).

Motion denied.