Cite as 2009 Ark. 529 SUPREME COURT OF ARKANSAS No. CACR 07-276 LAVELLE EVANS PETITIONER V. STATE OF ARKANSAS RESPONDENT PER CURIAM , In 2006, petitioner Lavelle Evans was methamphetamine with intent to deliver, possession simultaneous possession of drugs and firearms, maintaining a drug premises, and possession of marijuana with intent to deliver. He was sentenced as a habitual offender to an aggregate term of 960 months’ imprisonment and a fine of $10,000. The Arkansas Court of Appeals affirmed. Evans v. State, CACR 07-276 (Ark. Ct. App. Feb. 6, 2008). Now before us is petitioner’s pro se motion in which he asks that this court provide him at public expense with a copy of transcripts and records, including the voir dire of the jury and closing arguments, that are contained in the direct appeal record. request for the items as“discovery.” He offers no grounds for the request beyond the assertion, 1 For clerical purposes, the motion has been filed under the docket number assigned to the direct appeal of the judgment. Opinion Delivered October 29, 2009 PRO SE MOTION FOR PHOTOCOPIES AT PUBLIC EXPENSE [CIRCUIT COURT OF UNION COUNTY, CR 2005-226, HON. HAMILTON H. SINGLETON, JUDGE] MOTION DENIED. found guilty by a jury of possession of of a firearm by certain persons, 1 Petitioner describes his
Cite as 2009 Ark. 529 supported by an affidavit of indigency, that he is indigent. It is well settled that indigency alone does not entitle a petitioner to free photocopying. Nooner v. State, 352 Ark. 481, 101 S.W.3d 834 (2003) (per curiam). To demonstrate entitlement to photocopying at public expense, the burden is on the petitioner to establish some compelling need for certain documentary evidence to support an allegation contained in a timely petition for postconviction relief. Bradshaw v. State, 372 Ark. 305, 275 S.W.3d 173 (2008) (per curiam). In the instant motion, petitioner advances no reason for requesting the material listed in his motion. As such, he has failed to demonstrate a compelling need for the material. Id. It should be noted that when an appeal has been lodged in either this court or the court of appeals, all material related to the appeal remains permanently on file with our clerk. Persons may review the material in the clerk’s office and photocopy all or portions of it. An incarcerated person desiring a photocopy of material related to an appeal 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. Layton v. State, 2009 Ark. 438 (per curiam). Motion denied. Lavelle Evans, pro se. No response. 2
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