Norris v. State
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Cite as 2010 Ark. 230
SUPREME COURT OF ARKANSAS
No.
CR 09-1016
Opinion Delivered
PAUL NORRIS
Petitioner
v.
STATE OF ARKANSAS
Respondent
May 13, 2010
PRO SE MOTION FOR
PHOTOCOPY OF TRIAL
TRANSCRIPT AT PUBLIC EXPENSE
[CIRCUIT COURT OF SALINE
COUNTY, CR 2008-647B]
MOTION DENIED.
PER CURIAM
In 2009, petitioner Paul Norris was found guilty by a jury of capital murder, battery
in the first degree, and two counts of aggravated robbery. An aggregate sentence of life
imprisonment was imposed. We affirmed. Norris v. State, 2010 Ark. 174, ___ S.W.3d ___.
On April 22, 2010, petitioner filed the instant pro se motion seeking at public expense
a copy of the transcript lodged on direct appeal.1 Appended to the motion is petitioner’s
affidavit of indigency. Petitioner bases his request for a copy of the transcript on the claim
that he will be unable to raise the issues he desires to raise in a petition under Arkansas Rule
of Criminal Procedure 37.1 (2009) without a copy of the transcript. He contends that he will
be at a disadvantage if he must rely on his memory and that he will only be able to present
conclusory allegations to the court.
Indigency alone does not entitle a petitioner to free photocopying. Wade v. State,
1
appeal.
For clerical purposes, the motion was filed under the docket number assigned to the direct
Cite as 2010 Ark. 230
2010 Ark. 45 (per curiam); Evans v. State, 2009 Ark. 529 (per curiam); Nooner v. State, 352
Ark. 481, 101 S.W.3d 834 (2003) (per curiam). To be entitled to a copy of a trial transcript,
a petitioner must show a compelling need for specific documentary evidence to support an
allegation contained in a timely petition for postconviction relief. Wright v. State, 2010 Ark.
155 (per curiam); Avery v. State, 2009 Ark. 528 (per curiam); Bradshaw v. State, 372 Ark. 305,
275 S.W.3d 173 (2008) (per curiam). Moreover, the petitioner must cite a particular ground
for relief that requires documentation to be entitled to a copy of a transcript. Cunningham v.
State, 2010 Ark. 214 (per curiam); Burnett v. State, 293 Ark. 300, 737 S.W.2d 631 (1987) (per
curiam). Petitioner here has not stated any particular allegation to be raised in a Rule 37.1
petition for which specific documentary evidence is required.
It should be noted that when an appeal has been lodged in either this court or the
court of appeals, the transcript and all material related to the appeal remains permanently on
file with our clerk. Persons may review the transcript and material in the clerk’s office and
photocopy all or portions of it. An incarcerated person desiring a photocopy of a transcript
or 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. Gardner v. State, 2009 Ark. 488 (per curiam); Layton v. State, 2009 Ark. 438
(per curiam).
Motion denied.
-2-
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