ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

May 17, 2001

CRAIG KEITH HILLARD

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 94-238

PRO SE MOTION FOR PHOTOCOPY OF TRIAL TRANSCRIPT AT PUBLIC EXPENSE [CIRCUIT COURT OF PHILLIPS COUNTY, NO. CR 92-298]

MOTION DENIED

In 1993, Craig Keith Hillard was found guilty of two counts of capital murder and sentenced to two terms of life imprisonment without parole. We affirmed. Hillard v. State, 321 Ark. 39, 900 S.W.2d 167 (1995). Hillard, who contends that he is indigent, now seeks at public expense a copy of the trial transcript lodged on appeal As grounds for the request, petitioner Hillard asserts that he cannot proceed with his "postconviction appeals" without a copy of the transcript.

The motion for transcript is denied. 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 in itself does not entitle a petitioner to afree photocopying. Washington v. State, 270 Ark. 840, 606 S.W.2d 365 (1980). As the petitioner here has cited no specific documentary evidence needed to support an allegation which could be raised in a timely petition for postconviction relief, there is no ground to grant the request for a copy of the transcript.

It should be noted that when an appeal has been lodged in this court, the appeal transcript remains permanently on file with our 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, 324 Ark. 453, 921 S.W.2d 606 (1996).

Motion denied.