Louisiana Court of Appeal, 2022

State Of Louisiana v. Reginald Harris

State Of Louisiana v. Reginald Harris
Louisiana Court of Appeal · Decided February 14, 2022

State Of Louisiana v. Reginald Harris

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2021 KW 1411 VERSUS

REGINALD HARRIS FEBRUARY 14, 2022

In Re: Reginald Harris, applying for 19th supervisory writs, Judicial District Court, Parish of East Baton Rouge, No. 02- 04- 0559.

BEFORE: MCCLENDON, WELCH, AND THERIOT, JJ.

WRIT DENIED. A writ application arising in a criminal proceeding is not the proper procedural vehicle to establish a right to records under the Public Records Law, La. R. S. 44: 1, et seq. A person who wants to examine public records must make the request to the custodian of records. See La. R. S. 44: 31 & 44: 32. If a request for is denied the public records by custodian, before seeking relief from this court, the person must first institute civil proceedings for a writ of mandamus at the district court level. See La. R. S. 44: 35( A). Should the person prevail, he should be prepared to pay the regular service fees for copies of the documents. After the district court rules in the civil proceeding, the person may seek an appeal of the district court' s action, if he desires. See La. R. S.

44: 35( 0). See also State ex rel. McKnight v. State, 98- 2258 La. App. 1st Cir. 12/ 03/ 98), 742 So. 2d 894, 895 ( per curiam).

We further note the records of the East Baton Rouge Parish Clerk of Court' s Office reflect that the district court acted on

relator' s request for public records on January 19, 2022.

PMc JEW MRT

COURT OF APPEAL, FIRST CIRCUIT

4 DEPUTY CLERK OF COURT FOR THE COURT

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