State Of Louisiana v. Ray A. Brooks ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2023 KW 0231
VERSUS
RAY A. BROOKS
JUNE 22, 2023
In Re: Ray A. Brooks, applying for supervisory writs, 22nd
Judicial District Court, Parish of St. Tammany, No.
412111.
BEFORE: GUIDRY, C. J., MCCLENDON AND WELCH, JJ.
WRIT DENIED. A writ application arising in a criminal
proceeding is not the proper procedural vehicle to establish a
right to records under the Public Records Law, La. R. S. 44: 1, et
seq. A " person" who wants to examine public records must make
the request to the custodian of the records. See La. R. S. 44: 31
44: 32. An individual in custody after sentence
following
felony conviction who has exhausted his appellate remedies is
permitted access to public records if the request is limited to
grounds upon which the individual could file for postconviction
relief under La. Code Crim. P. art. 930. 3. La. R. S. 44: 31. 1. If
a request for public records is denied by the custodian, before
seeking relief from this court, the person must first institute
civil proceedings for a writ of mandamus at the trial court
level. See La. R. S. 44: 35( A). Should the person prevail, he
should
the
be prepared
documents.
to pay the regular service fees for copies of
After the trial court issues a
ruling in the
civil the
proceeding, person may seek a civil appeal of the
trial court' s action, if he desires. See La. R. S.
44: 35( C). State ex rel. McKnight v. State, 98- 2258 ( La. 1st
Cir. 1998),
App.
742 So. 2d 894 ( per curiam) . Moreover, because the
limitations period of La. Code Crim. P. art. 930. 8( A) has
expired, in the event that relator seeks documents, including
those to which he is entitled as of right such as the
indictment, the district court minutes for various portions of
his trial, and the uniform commitment order, see State ex rel.
Simmons v. State, 93- 0275 ( La. 12/ 16/ 94), 647 So. 2d 1094, he
must demonstrate that he has made a
showing of particularized
need by filing an application for Postconviction relief which
would fall under one of the enumerated exceptions La.
of Code
Crim. P. art. 930. 8( A)
and that he needs the requested documents
to support a claim. State ex rel. Fleury v. State, 93- 2898 ( La.
10/ 13/ 95), 661 So. 2d 488.
JMG
PMC
JEW