Brunson Roberts v. State of Arkansas

ARKANSAS SUPREME COURT

No. CACR 03-614 and CACR 03-625

NOT DESIGNATED FOR PUBLICATION

October 14, 2004

BRUNSON ROBERTS

APPELLANT

v.

STATE OF ARKANSAS

APPELLEE

Opinion Delivered

PRO SE MOTION FOR TRANSCRIPTS AT PUBLIC EXPENSE [CIRCUIT COURT OF PULASKI COUNTY, CR 2002-443 (CACR 03-614), AND CIRCUIT COURT OF PULASKI COUNTY, CR 2002-1866 (CACR 03-625)

MOTION DENIED

PER CURIAM

Brunson Roberts has filed a motion asking to be provided at public expense with a copy of two appeal transcripts lodged in the Arkansas Court of Appeals in CACR 03-614 and CACR 03-625.1 As grounds for the request, petitioner states that the transcripts are needed so that he can proceed with postconviction proceedings pursuant to Criminal Procedure Rule 37.1.

The motion for transcripts 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 either transcript to support a postconviction claim. As a result, he has failed to show that eithertranscript 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 numbers assigned to the direct appeals of the judgments which were 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).