Hilliard Nelson v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

September 19, 2002

HILLIARD NELSON

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 99-634

PRO SE MOTION FOR COPY OF TRANSCRIPT AT PUBLIC EXPENSE [CIRCUIT COURT OF DESHA COUNTY, CR 90-6-1AC, HON. DON EDWARD GLOVER, JUDGE]

MOTION DENIED

Hilliard Nelson was found guilty of first-degree murder and was sentenced to life imprisonment without parole. We affirmed. Nelson v. State, 306 Ark. 456, 816 S.W.2d 159 (1991). Nelson subsequently sought postconviction relief, and we affirmed the denial of his petition for postconviction relief pursuant to Ark. R. Cr. P. 37. Nelson v. State, 344 Ark. 407, 39 S.W.3d 791 (2001).

Now before us is Nelson's pro se motion for a copy of the Rule 37 hearing transcript at public expense. Nelson asserts that he is indigent, that he has a constitutional right to a copy of the transcript, and that he needs the transcript so as to argue his case.

The motion is denied. A petitioner is not entitled to photocopying at public expense unless they demonstrate some compelling need for specific documentary evidence to support an allegation contained in a timely petition for postconviction relief. Moore v. State, 324 Ark. 453, 921 S.W.2d 606 (1996). Indigency alone does not entitle petitioner to photocopying at public expense. Washington v. State, 270 Ark. 840, 606 S.W.2d 365 (1980). As noted above, we affirmed the denialof Nelson's Rule 37 petition last year. Nelson was represented by counsel in his Rule 37 appeal, his appeal has concluded, and he has not shown that there is some other postconviction remedy available to him.

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. See Moore, supra.

Motion denied.