Anthony Lamar v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 01-909

NOT DESIGNATED FOR PUBLICATION

ANTHONY LAMAR

Petitioner

v.

STATE OF ARKANSAS

Respondent

Opinion Delivered September 29, 2005

PRO SE MOTION FOR PHOTOCOPY OF TRANSCRIPT OR ACCESS TO TRANSCRIPT AT PUBLIC EXPENSE [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 2000-1608]

MOTION DENIED

PER CURIAM

In 2001, Anthony Lamar was found guilty by a jury of rape and sentenced to 360 months of imprisonment. We affirmed. Lamar v. State, 347 Ark. 846, 68 S.W.3d 294 (2002). Lamar then filed a petition for writ of habeas corpus , which was denied by the trial court. Lamar's appeal to this court was dismissed. Lamar v. State, CR03-521 (Ark. October 2, 2003)(per curiam).

Lamar now seeks by pro se motion a photocopy or access to a copy at public expense of the transcript lodged on direct appeal. As grounds for the request, Lamar asserts that he is indigent and without funds to pay for the cost of a copy of the transcript. Furthermore, Lamar asserts that the copy of the transcript is needed to "perfect any brief he may submit to the federal court..." and that the transcript will also show prosecutorial misconduct, denial of fair and impartial trial, denial of due process of law, and actual or constructive denial of counsel. Lamar does not contend in his motion that there is a particular postconviction remedy available to him at this time. Furthermore, Lamar's assertions appear to deal with postconviction relief provided under Ark. R. Crim. P. 37.1. Ark. R. Crim. P. 37.2 states that a petition for postconviction relief sought under this rule must be filed within sixty (60) days after the mandate is issued. We decided Lamar's appeal in 2002. Lamar v. State, supra. Thus, any petition for postconviction relief under Ark. R. Crim. P. 37.1 would not be timely.

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.