ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION
 

OCTOBER 16, 2003

BILLY MACK NICHOLS

Petitioner

v.

STATE OF ARKANSAS

Respondent

CACR 99-354

PRO SE MOTION AND AMENDED FOR PHOTOCOPY OF TRANSCRIPT AT PUBLIC EXPENSE [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 98-1586]

MOTION AND AMENDED MOTION DENIED

Per Curiam

Billy Mack Nichols was found guilty by a jury of battery, kidnapping, aggravated robbery, and theft of property and sentenced as a habitual offender to an aggregate term of 50 years' imprisonment. The court of appeals affirmed. Nichols v. State, 69 Ark. App. 212, 11 S.W.3d 19 (2000).

Nichols now seeks a copy at public expense of the transcript lodged on appeal and all other material related to the trial.

1 In the alternative, he asks to be allowed to have the original transcript long enough to copy it. As grounds for the request, petitioner Nichols asserts that he needs the transcript and other material to prove that the offenses of which he was convicted were not committed. He further states that he has filed appeals in every state and federal court available and "has been informed that transcripts are needed."

A petitioner is not entitled to photocopying at public expense or access to an appeal transcript 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). Petitioner Nichols has failed to demonstrate that he is entitled to receive a copy of the transcript at public expense. As to petitioner's request that the original transcript be mailed to him so that he may copy it, all original transcripts remain at this court, unless checked out to a licensed attorney for a period of time. With respect to petitioner's request for a copy of all police reports, only that material introduced into evidence at trial is made a part of the appeal record. Therefore, police reports and similar material may not be contained in a trial transcript lodged on appeal.

It should be noted that when an appeal has been lodged in either this court or the court of appeals, 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.