State Of Louisiana v. Jason Jarrell Spikes

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2019 KW 1679 VERSUS JASON JARRELL SPIKES MAY 1 2 2020 In Re: Jason Jarrell Spikes, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 16- CR6- 129868. BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ. WRIT DENIED. There is no indication that relator has filed an application for postconviction relief in the district court wherein he sets out specific claims of constitutional errors requiring the requested document for support. Therefore, relator has not shown a particularized need for his trial transcript. An indigent inmate has the constitutional right to free copies only in those instances in which he shows that denial of the request will deprive him of an adequate opportunity to present his claims fairly. Meeting that constitutional threshold requires a showing of a particularized need. An inmate cannot make a showing of particularized need absent a properly filed application for postconviction relief, which sets out specific claims of constitutional errors requiring the requested documentation for support. See State ex rel. Bernard v. Criminal District Court Section " J", 942247 La. 4 / 28/ 95), 653 So. 2d 1174 ( per curiam) . PMC JEW Holdridge J., concurs. I am concerned that it is an almost impossible burden on a defendant to allege a particularized need without the production of any documents. COURT OF APPEAL, FIRST CIRCUIT DEPUTY C ERK OF COURT FOR THE COURT