Curtis Mathew Lilly VS Hillar Moore, District Attorney
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STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT STATE OF LOUISSANA 2013 CW NO 1424 VERSUS RTZS C Nov i s zo s LzLLY Curtis In Re 19th Mathew Rouge No applying District for supervisory Parish Court of writs East Baton 10060179 PETTIGREW SEFORE Lilly Judicial McDONALD AND McCLENDON JJ It is apparent relator is making his request under the Public Records Law and thus is not attempting to secure a free copy of the documents A writ application arising WRIT DENIED in a criminal proceeding is not the proper procedural vehicle to establish records under the Public Records Law La seq person A who wants to examine public records must make the request to the custodian of the records 31 44 See La R S 32 44 If a request for public records is denied by tHe custodian before seeking relief from this court the right to et person must first institute civil proceedings mandamus the at the person service v a 1 44 S R prevail may court he 1eve1 should See be La 604 court seek 2d So issues desires See La 2258 98 La of to pay the regular See State ex rel I3ash Cir lst App La for a writ A 35 44 Should 1992 After the a ruling in the civil proceeding the person if he s appeal of the trial court action civil a 1054 S R prepared fees for copies of the documents State trial trial S R C 35 44 State 98 3 12 Cir lst App ex rel McKnight 742 v 894 2d So State 895 per curiam Law If the inmate is not proceeding under the and instead desires to seek a free copy s attorney file he should file a motion Public Records of a district for production of the documents in the criminal proceeding and he must demonstrate a in the inmate documents For requesting particulazized need anticipation of a collateral attack on his conviction he cannot make a showing application claims documentation 1174 after file in a all State J or is any presented by rel 2247 94 the of the the request motion Tlff4 PMc JTP OF APPEAL PUTY FOR CLERK THE FIRST OF CIRCUIT COURT COURT out the Bernard v filed specific requested Criminal 2d 95 28 4 653 So P art 822 if at any B defendant seeks the district s attorney for production shall which contradictorily with the district attorney COURT properly La portion written a sets requiring imposed criminal proceeding absent which ex Under La Crim Code sentence of need relief errors support Section Court production be for per curiam time particularized postconviction constitutional of District of for shall be tried j
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