John R. Lukach v. State of Arkansas

ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

NOVEMBER 13, 2003

JOHN R. LUKACH

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 91-279 and CR 91-293

PRO SE MOTION FOR PHOTOCOPY OF TRANSCRIPTS AT PUBLIC EXPENSE [CIRCUIT COURT OF HOT SPRING COUNTY, CR 91-123 & CR 91-124]

MOTION DENIED

Per Curiam

John R. Lukach was charged with three counts of rape and one count of burglary. The counts were severed for trial. In the first trial, he was convicted of two counts of rape and sentenced to two concurrent terms of life imprisonment. We affirmed. Lukach v. State, 310 Ark. 119, 835 S.W.2d 852 (1992). In the second trial, Lukach was convicted of rape and burglary and was sentenced to life imprisonment and twenty years. We also affirmed those judgments. Lukach v. State, 310 Ark. 38, 834 S.W.2d 642 (1992).

Lukach now seeks by pro se motion a copy of the transcripts lodged in this court in the two appeals from the judgments of conviction. He has appended to the motion an affidavit of indigency Petitioner offers no grounds for the request beyond asserting that he is indigent.

There is no requirement that a court provide a photocopy of a transcript at public expense merely because the petitioner is indigent. See Moore v. State, 324 Ark. 453, 921 S.W.2d 606 (1996). A petitioner is not entitled to a free copy of a transcript or other material on file with this court unless he or she demonstrates some compelling need for specific documentary evidence to support an allegation contained in a timely petition for postconviction relief. See Austin v. State, 287 Ark. 256, 697 S.W.2d 914 (1985). Again, indigency alone does not entitle a petitioner to a free photocopying. Washington v. State,270 Ark. 840, 606 S.W.2d 365 (1980). Petitioner Lukach has failed to demonstrate that he is entitled to receive a photocopy of the transcripts at public expense.

It should be noted that 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, supra.

Motion denied.