Wilson Antonio Price v. State of Arkansas

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ARKANSAS SUPREME COURT No. CR 07-1195 Opinion Delivered WILSON ANTONIO PRICE Petitioner v. STATE OF ARKANSAS Respondent June 19, 2008 PRO SE MOTION FOR COPY OF TRANSCRIPT AT PUBLIC EXPENSE [CIRCUIT COURT OF PULASKI COUNTY, CR 2006-2036, HON. CHRIS PIAZZA, JUDGE] MOTION DENIED. PER CURIAM In 2007, petitioner Wilson Antonio Price was found guilty by a jury of capital murder and sentenced to life imprisonment without parole. We affirmed. Price v. State, ___ Ark. ___, ___ S.W.3d ___ (May 15, 2008). Petitioner, who contends that he is indigent, now seeks at public expense a photocopy of the trial transcript lodged in the direct appeal.1 The petition contains no grounds for the request. A petitioner is not entitled to a free copy of material on file with this court unless he or she demonstrates some compelling need for certain documentary evidence to support an allegation contained in a timely petition for postconviction relief. See Austin v. State, 287 Ark. 256, 697 S.W.2d 914 (1985) (per curiam). Indigency alone does not entitle a petitioner to free photocopying. Washington v. State, 270 Ark. 840, 606 S.W.2d 365 (1980) (per curiam). As petitioner here has cited no specific reason for requiring the requested material, the motion is denied. 1 For clerical purposes, the motion has been filed under the docket number assigned to the direct appeal of the judgment. It should be noted that when an appeal has been lodged in this court, the appeal transcript and other material filed on appeal remain permanently on file with the clerk. Persons may review a transcript or other material in the clerk’s office and photocopy all or portions of it. An incarcerated person desiring a photocopy of a transcript or other 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, 324 Ark. 453, 921 S.W.2d 606 (1996) (per curiam). Motion denied. -2-

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