Odell Hampton v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

FEBRUARY 28, 2002

ODELL HAMPTON

Petitioner

v.

STATE OF ARKANSAS

Respondent

CACR 01-573

PRO SE MOTION FOR COPY OF TRANSCRIPT AT PUBLIC EXPENSE [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 00-740]

MOTION DENIED

Odell Hampton was found guilty in a trial to the bench of aggravated robbery and attempted capital murder. An aggregate sentence of twenty-two years' imprisonment was imposed. The court of appeals affirmed. Hampton v. State, CACR 01-573 (Ark. App. November 28, 2001).

Petitioner Hampton, who contends that he is indigent, now seeks at public expense a copy of the trial transcript.1 As grounds for the request, petitioner states that the transcript is needed to prepare his petition for postconviction relief pursuant to Criminal Procedure Rule 37.

The motion for transcript 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 alleged that there is any specific documentary evidence in the transcript to support a postconviction claim. As a result, he has failed to show that the transcript lodged on appeal should be provided to him at no cost.

It should be noted that when an appeal has been lodged in either this court or the court of appeals, 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.

1 For clerical purposes, the motion has been filed under the docket number assigned to the direct appeal of the judgment which was lodged in the court of appeals. This court decides motions for transcript because such motions are considered to be requests for postconviction relief. See Williams v. State, 273 Ark. 315, 619 S.W.2d 628 (1981).