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2015 Ark. 85
Ark.
2015
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Background

  • Ramon Williamson was convicted by a jury of capital murder and sentenced to life without parole; this court affirmed the conviction on direct appeal.
  • On December 29, 2014, Williamson (pro se) moved for copies at public expense of this court’s decision date, the opinion, and all written material from the appeal, attaching an affidavit of indigency.
  • Williamson did not identify any pending or contemplated postconviction proceeding, the issues he intended to raise, or why the requested documents were necessary to pursue relief.
  • The clerk’s office retains appellate records permanently; the court noted that inmates may request photocopies by paying fees or have records mailed upon remitting costs, absent a compelling need.
  • The court reviewed precedent holding that indigency alone does not entitle a petitioner to free copies; a compelling need tied to a specific allegation in a timely postconviction petition is required.
  • The court denied the motion for copies at public expense because Williamson failed to show a compelling need or that a postconviction remedy is available.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Entitlement to free copies of appellate materials based on indigency Williamson sought free copies at public expense, submitting an affidavit of indigency State argued (via precedent) that indigency alone is insufficient; petitioner must show compelling need Denied — indigency alone insufficient; no compelling need shown
Necessity of showing a specific, timely postconviction purpose for copies Williamson did not identify any pending postconviction proceeding or issues to be raised Court required a showing that copies are needed to support a specific allegation in a timely postconviction petition Denied — no statement of issues or available postconviction remedy; petitioner failed to show compelling need

Key Cases Cited

  • Williamson v. State, 350 S.W.3d 787 (Ark. 2009) (direct appeal affirming conviction)
  • Austin v. State, 287 Ark. 256 (1985) (per curiam) (prisoners must pay photocopying costs unless a compelling need is shown)
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Case Details

Case Name: Williamson v. State
Court Name: Supreme Court of Arkansas
Date Published: Feb 26, 2015
Citations: 2015 Ark. 85; CR-09-519
Docket Number: CR-09-519
Court Abbreviation: Ark.
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    Williamson v. State, 2015 Ark. 85