¶1WRIT DENIED: There is no error in the trial court’s ruling. See State ex rel. Simmons v. State, 93-0275, 94-2630, 94-2879 (La. 12/16/94); 647 So.2d 1094. In denying Relator’s application, we apply the principles set forth in State ex rel. Bernard v. Criminal District Court, 94-2247 (La. 4/28/95); 653 So.2d 1174 and La.Code Crim.P. art. 914.1. A showing of a particularized need to obtain documents free of charge requires a defendant to show that a denial of his requested documents will deprive him of an “adequate opportunity to present [his] claims fairly.” State ex rel. Bernard v. Criminal District Court, 653 So.2d at 1175 and cases cited therein. To meet this initial requirement, Relator must set forth the claims he intends to raise in his writ of review and show the requested documentation is necessary for a full and adequate review of the assigned errors. Relator has failed to make this initial showing. For this reason, we deny his application.
698 So. 2d 9
698 So.2d 9
97 La.App.3Cir. 563
State v. Leopaul
Decided June 17, 1997
Louisiana Court of Appeal · decided 1997-06-17
Key passage — most relied on by later courts
“In denying Relator's application, we apply the principles set forth in State ex rel. Bernard v. Criminal District Court, 94-2247 (La. 4/28/95), 653 So.2d 1174 and La.Code Crim.P. art. 914.1. A showing of a particularized need to obtain documents free of charge requires a defendant to show that a denial of his requested documents will deprive him of an "adequate opportunity to present [his] claims fairly." State ex rel. Bernard v. Criminal District Court , 653 So.2d at 1175 and cases cited therein. To meet this initial requirement, Relator must set forth the claims he intends to raise in his writ of review and show the requested documentation is necessary for a full and adequate review of the assigned errors. Relator has failed to make this initial showing. For this reason, we deny his application.”
quoted by 1 later decision, including State v. Delozier
Relies on State Ex Rel. Bernard v. CRIM. DIST. COURT SECTION" J" · State Ex Rel. Simmons v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1997-06-17
How this case has been cited
Cited by 11 later decisions — most recently April 2019
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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