Layton v. State, CA CR 07-1292 (Ark. 9/24/2009)

• Court: Arkansas Supreme Court
• Writing for the Court: Per Curiam
• Decision Date: 24 September 2009
• Docket Number: CA CR 07-1292.
• Citation: Layton v. State, CA CR 07-1292 (Ark. 9/24/2009), CA CR 07-1292. (Ark. Sep 24, 2009)
• Parties: Michael Lee LAYTON, Petitioner, v. STATE of Arkansas Respondent.

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Michael Lee LAYTON, Petitioner, v. STATE of Arkansas Respondent.

CA CR 07-1292.

Supreme Court of Arkansas.

Opinion Delivered September 24, 2009.

Pro Se Motion for Photocopy of Mandate at Public Expense [Circuit Court of Columbia County, Cr 2005-163, Motion Denied.

PER CURIAM.

Petitioner Michael Lee Layton was found guilty of multiple criminal offenses and sentenced to serve an aggregate term of 600 months' imprisonment. The Arkansas Court of Appeals affirmed. Layton v. State, 2009 Ark. App. 96.

Petitioner, who contends that he is indigent, now seeks at public expense a copy of the mandate issued in the appeal.¹ As grounds for the request, petitioner states in conclusory fashion that he is entitled to a copy of the mandate.

Indigency alone does not entitle a petitioner to free photocopying. Washington v. State, 270 Ark. 840, 606 S.W.2d 365 (1980) (per curiam). A petitioner is not entitled to a free photocopy of

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any item on file with either appellate court unless he or she demonstrates some compelling need for specific documentary evidence to support an allegation contained in a petition for postconviction relief. See Austin v. State, 287 Ark. 256, 697 S.W.2d 914 (1985) (per curiam). Petitioner's conclusory claim that he is entitled to a free copy of the mandate does not constitute a showing of compelling need.

It should be noted that when an appeal has been lodged in either this court or the court of appeals, all material related to the appeal remains permanently on file with the clerk. Persons may review the material in the clerk's office and photocopy all or portions of it. An incarcerated person desiring a photocopy of material related to an appeal may write this court, remit the photocopying fee, and request that the copy be mailed to the prison. All persons, including prisoners,...