Geneva Mayer v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 84-104

NOT DESIGNATED FOR PUBLICATION

GENEVA MAYER

Appellant

v.

STATE OF ARKANSAS

Appellee

Opinion Delivered June 2, 2005

PRO SE MOTION FOR PHOTOCOPY OF TRIAL TRANSCRIPT AT PUBLIC EXPENSE [CIRCUIT COURT OF POLK COUNTY, CR 82-95]

MOTION DENIED

PER CURIAM

Appellant Geneva Mayer was convicted of the first-degree murder, and sentenced to life imprisonment. We affirmed. Mayer v. State, 285 Ark. 73, 685 S.W.2d 143 (1985). In the instant motion, appellant seeks a copy of the trial transcript lodged in this court on direct appeal so that she may mount a collateral attack on the conviction pursuant to Act 1780 of 2001 and/or pursue clemency. She also alleges that she is entitled to the copy of the transcript at public expense because she is indigent.

The motion for transcript is denied. 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. See Austin v. State, 287 Ark. 256, 697 S.W.2d 914 (1985) (per curiam). Petitioner Mayer has not shown that there is some specific documentary evidence to support an allegation that cannot be raised without her having possession of a copy of the transcript. Moreover, indigency in itself does not entitle a petitioner to a free photocopying. Washington v. State, 270 Ark. 840, 606 S.W.2d 365 (1980) (per curiam).

It should be noted that when an appeal has been lodged in this court, the appeal transcript remains permanently on file with our 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 on file 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, 324 Ark. 453, 921 S.W.2d 606 (1996) (per curiam).

Motion denied.