Jason Nugene Turner v. State of Arkansas

ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

February 12, 2004

JASON NUGENE TURNER

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 01-761

PRO SE MOTION AND AMENDED MOTION FOR PHOTOCOPY OF TRANSCRIPT AT PUBLIC EXPENSE [CIRCUIT COURT OF CALHOUN COUNTY, NO. CR 99-25]

MOTION DENIED

Per Curiam

In 2001, Jason Nugene Turner was found guilty by a jury of capital murder and aggravated robbery. Upon agreement of the parties, the court sentenced Turner to life and ten years' imprisonment. We affirmed. Turner v. State, 349 Ark.715, 80 S.W.3d 382 (2002).

Turner now seeks by pro se motion a photocopy at public expense of the transcript lodged on direct appeal. As grounds for the request, Turner asserts without explanation that he has a compelling need for a copy of the transcript and contends that the transcript is needed "to better perfect his petition for federal habeas corpus." He also states that he is indigent and has submitted a copy of a note to him from the circuit clerk advising that he must pay a photocopying fee to receive a copy of the transcript from the circuit court.

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).

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.