ARKANSAS SUPREME COURT
No. CR 98-1276
NOT DESIGNATED FOR PUBLICATION
BRIAN KEITH BANGS
STATE OF ARKANSAS
Opinion Delivered November 2, 2006
PRO SE MOTION FOR PHOTOCOPY
OF TRANSCRIPT AT PUBLIC
EXPENSE [CIRCUIT COURT OF
STONE COUNTY, CR 96-101]
In 1998, petitioner Brian Keith Bangs was found guilty of rape, felony kidnapping, first-
degree battery, felony theft of property, and two counts of capital murder. He was sentenced to an
aggregate term of life imprisonment. We affirmed. Bangs v. State, 338 Ark. 515, 998 S.W.2d 738
Petitioner, who contends that he is indigent, now seeks at public expense a copy of the
transcript lodged here on direct appeal from the judgment. As grounds for the request, petitioner
asserts that the evidence was insufficient to sustain the convictions and that the transcript is needed
for him to prepare a petition for writ of habeas corpus claiming that he is actually innocent.
The motion is denied. A petitioner is not entitled to a free copy of material on file with this
court 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). Indigency alone does not entitle a petitioner to free photocopying.
Washington v. State, 270 Ark. 840, 606 S.W.2d 365 (1980).
Petitioner here has not shown that there is any specific allegation that cannot be raised in a
petition for writ of habeas corpus without his having a copy of the transcript. As a result, he has
failed to demonstrate that a copy of the transcript is necessary to prepare the petition.
It should be noted that when an appeal has been lodged in this court, the appeal transcript
remains permanently on file with the 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 may