Eddie Lee Arnold v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 93-159

NOT DESIGNATED FOR PUBLICATION

EDDIE LEE ARNOLD

Petitioner

v.

STATE OF ARKANSAS

Respondent

Opinion Delivered November 11, 2004

PRO SE MOTION FOR PHOTOCOPY OF DOCKET SHEET AT PUBLIC EXPENSE [CIRCUIT COURT OF JEFFERSON COUNTY, CR 92-426, CR 92-424]

MOTION DENIED

PER CURIAM

In 1992, Eddie Lee Arnold was found guilty of two counts of rape and sentenced to an aggregate term of sixty years' imprisonment. We affirmed. Arnold v. State, CR 93-159 (Ark. September 13, 1993) (per curiam).

Now, twelve years after the judgment was affirmed, Arnold asks by pro se motion to be provided at public expense with a copy of the docket sheet for the appeal. As grounds for the request, he states only that he is indigent.

The motion is denied. A petitioner is not entitled to a free copy of a docket sheet or other written material on file with this court unless he 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 is not sufficient cause to grant a motion for photocoping at public expense. Washington v. State, 270 Ark. 840, 606 S.W.2d 365 (1980). The time limits set for pursuing postconviction relief in State court have long since elapsed in petitioner Arnold's case, and he does not contend that there is some postconviction remedy available to him.

It should be noted that when an appeal has been lodged in this court, the docket sheet and other material pertaining to the appeal remain permanently on file with the clerk. Persons may review the material in the clerk's office and photocopy all or portions of it. An incarcerated person desiring a photocopy of a material 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, supra.

Motion denied.