Curtis Ray Howard v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JANUARY 17, 2002

CURTIS RAY HOWARD

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 85-78

PRO SE MOTION FOR PHOTOCOPY OF TRIAL TRANSCRIPT AT PUBLIC EXPENSE [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 84-878]

MOTION DENIED

In 1984, Curtis Ray Howard was found guilty by a jury of aggravated robbery and theft of property and sentenced as an habitual offender to consecutive terms of life imprisonment and forty years. We affirmed. Howard v. State, 286 Ark. 479, 695 S.W.2d 375 (1985). He subsequently filed a petition pursuant to Criminal Procedure Rule 37 challenging the judgments, which this court denied in 1987. Howard v. State, 291 Ark. 633, 727 S.W.2d 830 (1987).

Petitioner Howard, who contends that he is indigent, now seeks at public expense a copy of the trial transcript lodged in this court on direct appeal in 1985. As the basis for the request, petitioner asserts that he was denied effective assistance of counsel and cannot present allegations to this court without a copy of the transcript.

The motion for transcript is denied. First, petitioner has already proceeded under Criminal Procedure Rule 37. He is not entitled to file a subsequent petition. Rule 37.2 (b). Apetitioner is not entitled to photocopying at public expense unless he demonstrates some compelling need for specific documentary evidence to support an allegation contained in a petition for postconviction relief. See Austin v. State, 287 Ark. 256, 697 S.W.2d 914 (1985). Indigency in itself does not entitle a petitioner to a free photocopying. Washington v. State, 270 Ark. 840, 606 S.W.2d 365 (1980). As the petitioner here has already proceeded under our postconviction rule, there is no ground to grant the request for a copy of the transcript.

It should be noted that when an appeal has been lodged in this court, the appeal transcript remains permanently on file with our 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, 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.

Imber, J., not participating.