ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

September 18, 2003

ANTHONY LAMAR

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 01-909

PRO SE MOTION FOR PHOTOCOPY OF TRANSCRIPT OR ACCESS TO TRANSCRIPT AT PUBLIC EXPENSE [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 2000-1608]

MOTION DENIED

Per Curiam

In 2001, Anthony Lamar was found guilty of rape by a jury and sentenced to thirty years' imprisonment. We affirmed. Lamar v. State, 347 Ark. 846, 68 S.W.3d 294 (2002). Lamar now seeks by pro se motion a photocopy or access to a copy at public expense of the transcript lodged on appeal. As grounds for the request, Lamar notes that he has lodged an appeal in this court from a circuit court order that denied a petition for writ of habeas corpus.1 Petitioner Lamar offers no explanation as to why the trial transcript is needed for the appeal of the order.

It should be noted that, if appellant is seeking to consolidate the record in the appeal of the order that denied the petition for writ of habeas corpus with the trial record lodged on direct appeal of the judgment, the motion would be moot because the transcript of a trial which has been lodged in the appellate court on direct appeal of the judgment is a public record. As such, a motion to incorporate it into the record in another appeal which stems from the same judgment of conviction is not necessary. Drymon v. State, 327 Ark. 375, 938 S.W.2d 825 (1997).

It is well settled that 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).

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 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.

Thornton, J., not participating.

1 CR 03-521. Appeal of order denying petition for writ of habeas corpus lodged May 8, 2003.