Gardner v. State
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Cite as 2009 Ark. 488
SUPREME COURT OF ARKANSAS
No.
CR 05-472
Opinion Delivered
October 8, 2009
PRO SE MOTION FOR DUPLICATION
OF DOCUMENTS AT PUBLIC
EXPENSE [CIRCUIT COURT OF
PULASKI COUNTY, CR 2004-1077]
WALLACE A. GARDNER
Petitioner
v.
MOTION DENIED.
STATE OF ARKANSAS
Respondent
PER CURIAM
In 2004, petitioner Wallace A. Gardner was found guilty by a jury of capital murder and
aggravated robbery. He was sentenced as a habitual offender to an aggregate term of life imprisonment
without parole. We affirmed. Gardner v. State, 364 Ark. 506, 221 S.W.3d 339 (2006).
Now before us is petitioner’s motion for duplication at public expense of documents contained
in the direct appeal record.1 Attached to the motion is an affidavit of indigency as support for the
request.
Indigency alone does not entitle a petitioner to free photocopying. Nooner v. State, 352 Ark. 481,
482, 101 S.W.3d 834, 835 (2003) (per curiam). Instead, a petitioner who demonstrates some compelling
need for certain documentary evidence to support an allegation contained in a timely petition for
postconviction relief may request a copy of material on file with this court. Bradshaw v. State, 372 Ark.
305, 305, 275 S.W.3d 173, 174 (2008) (per curiam).
1
For clerical purposes, the motion has been filed under the docket number assigned to the direct appeal of
the judgment.
Cite as 2009 Ark. 488
In the instant motion, petitioner fails to specify the documents being requested, and cites no
specific reason for requiring such material.2 Id. Petitioner’s bare request for copies at public expense
fails to demonstrate the requisite compelling need under Bradshaw. Id.
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, 455, 921 S.W.2d 606, 607 (1996) (per
curiam).
Motion denied.
2
Petitioner makes reference to a docket number of what appears to be a federal court case, but he does
not explain the significance of that reference in his motion for duplication of documents.
-2-
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