Louisiana Court of Appeal, 2022

State Of Louisiana v. Craig Joseph Aucoin

State Of Louisiana v. Craig Joseph Aucoin
Louisiana Court of Appeal · Decided February 14, 2022

State Of Louisiana v. Craig Joseph Aucoin

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2021 KW 1323 VERSUS

CRAIG JOSEPH AUCOIN FEBRUARY 14, 2022

In Re: Craig Joseph Aucoin, for applying supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, Nos. 803306, 811447.

BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.

WRIT DENIED ON THE SHOWING MADE. Relator failed to include a copy of the motion for discovery and inspection filed with the district court, a copy of the district court' s on the ruling motion, and any other portions of the district court record that might support the claims raised in the writ application.

Supplementation of this writ application and/ or an application for rehearing will not be considered. See Uniform Rules of Louisiana Courts of Appeal, Rules 2- 18. 7 & 4- 9. In the event relator elects to file a new application with this court, the application must be filed on or before April 11, 2022. Any future filing on this issue should include the entire contents of this application, the missing items noted above, and a copy of this ruling.

It is noted that as an indigent inmate, relator is entitled to receive certain court documents, such as the guilty plea transcript, the bill of information or indictment, the commitment papers, the court minutes for various portions of the trial, and the minutes of his free of charge without sentencing, the necessity of establishing a particularized need. See State ex rel. Simmons v. State, 93- 0275 ( La. 12/ 16/ 94), 647 So. 2d 1094, 1095 ( per cur.iam). As to all other documents, 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 to his opportunity present claims fairly. Meeting that constitutional threshold requires a showing of a particularized An inmate need. therefore 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", 94- 2247 ( La. 4/ 28/ 95), 653 So. 2d 1174, 1175 ( per curiam). See also State ex rel. McKnight v. State, 98- 2258 ( La. App. lst Cir. 12/ 3/ 98), 742 So. 2d 894, 895 ( per curzam) .

PMc JEW

Theriot, J., concurs.

AL, FIRST CIRCUIT

94DET FOR LERK OF COURT THE COURT

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