ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JANUARY 16, 2003

GEORGIA WEAVER

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 95-1205

PRO SE MOTION FOR PHOTOCOPY OF APPELLANT'S BRIEF, TRANSCRIPT, AND OTHER MATERIAL AT PUBLIC EXPENSE [CIRCUIT COURT OF [PULASKI COUNTY, NO. CR 94-204]

MOTION DENIED

In 1995, Georgia Weaver was found guilty by a jury of capital murder and battery in the first degree and sentenced to an aggregate term of life imprisonment. We affirmed. Weaver v. State, 324 Ark. 290, 920 S.W.2d 491 (1996).

Weaver now seeks by pro se motion a photocopy at public expense of the appellant's brief, the transcript lodged on appeal, and "any other material to file a petition pursuant to Act 1780 of 2001." Petitioner Weaver offers no grounds for the request but has appended to the motion an affidavit of indigency.

The motion is denied. A petitioner is not entitled to photocopying at public expense unless he or she demonstrates some compelling need for specific documentary evidence to support an allegation contained in a petition for postconviction relief. Moore v. State, 324 Ark. 453, 921 S.W.2d 606 (1996); Brooks v. State, 303 Ark. 188 S.W.2d 792 (1990); see Austin v. State, 287 Ark.

256, 697 S.W.2d 914 (1985). Indigency alone does not entitle a petitioner to photocopying at public expense. Washington v. State, 270 Ark. 840, 606 S.W.2d 365 (1980).

It should be noted that when an appeal has been lodged in this court, the appeal transcript, briefs, and any other material filed on appeal remain permanently on file with the clerk. Persons may review a transcript, brief, or other material in the clerk's office and photocopy all or portions of it. An incarcerated person desiring a photocopy of any item on file here 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.