ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JANUARY 25, 2001

LEPOLIAN FORD

a/k/a Leopolian Ford

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 88-96

PRO SE MOTION FOR PHOTOCOPY AT PUBLIC EXPENSE [CIRCUIT COURT OF PULASKI COUNTY]

MOTION DENIED

Lepolian Ford was found guilty of murder in the first degree and and sentenced to life imprisonment. We affirmed. Ford v. State, 297 Ark. 77 , 759 S.W.2d 556 (1988).

Ford now asks by pro se motion to be provided at public expense pursuant to the Freedom of Information Act with a copy of the following material pertaining to his case: transcript lodged here on direct appeal; all post-trial motions filed; names and addresses of the persons who served as jurors at his trial and "their votes;" docket sheets; coroners's report; evidenced used to convict him; all witnesses' statements, written and verbal; indictment; arrest warrant and supporting documentation; written reason for denial of bail; all responses filed at trial and on appeal; all orders and decisions at trial and on appeal; pretrial discovery motions; and commitment order. Petitioner Ford offers no ground for the motion to receive the material at public expense.

The motion is denied. The Freedom of Information Act, codified as Ark. Code Ann. §

25-19-101 et seq, does not require an appellate court to provide photocopying at public expense. Partin v. State, CR 93-682 (June 30, 1997), citing Moore v. State, 324 Ark. 453, 921 S.W.2d 606 (1996). A petitioner is not entitled to a free copy of material on file with this court unless he 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). Indigency alone does not entitle a petitioner to a transcript at public expense. Washington v. State, 270 Ark. 840, 606 S.W.2d 365 (1980). Petitioner has not made a showing of compelling need for photocopying at public expense. Moreover, with the exception of the transcript and the material on file here pertaining to the appeal, this court is not in possession of the items requested by petitioner.

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

Motion denied.