Khabir v. State
2014 Ark. 369
| Ark. | 2014Background
- Khabir (a/k/a Leroy McCoy) was convicted in 1995 for delivery of a controlled substance, with a 480-month term and $5,000 fine, enhanced for a park-adjacent offense under Ark. Code Ann. §5-64-411(a).
- Direct appeal affirmed by this court in 1996 (McCoy v. State, 326 Ark. 104, 929 S.W.2d 712).
- In July 2014, Khabir filed a pro se motion at public expense for a copy of the appellant’s brief from the direct appeal, attaching an indigency affidavit.
- He claimed he needed the brief to obtain postconviction relief with assistance of a legal organization.
- The trial court denied the motion, and the Supreme Court affirmed the denial for lack of compelling need and postconviction remedy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether indigency alone entitles copy at public expense | Khabir argues compelling need to obtain the brief. | State asserts no compelling need; no postconviction remedy shown. | Denied; no compelling need shown and no viable postconviction remedy identified. |
Key Cases Cited
- Williams v. State, 2014 Ark. 70 (Ark. 2014) (per curiam; indigency not enough for copying at public expense)
- Mendiola v. State, 2013 Ark. 92 (Ark. 2013) (per curiam; need compelling reason for postconviction relief copy)
- Daniels v. State, 2012 Ark. 124 (Ark. 2012) (per curiam; copying not allowed without compelling need)
- Cox v. State, 2011 Ark. 96 (Ark. 2011) (per curiam; copying not allowed without compelling need)
- Evans v. State, 2009 Ark. 529 (Ark. 2009) (per curiam; indigency alone not sufficient)
- Nooner v. State, 352 Ark. 481, 101 S.W.3d 834 (2003) (Ark. 2003) (per curiam; postconviction relief materials; unfavorable to free copies)
- Ward v. State, 2013 Ark. 250 (Ark. 2013) (per curiam; postconviction relief considerations)