Huddleston v. Clerk of Superior Court, Carroll County
| Decision Date | 25 October 1977 |
| Docket Number | No. 32713,32713 |
| Citation | 240 Ga. 52,239 S.E.2d 376 |
| Parties | . Supreme Court of Georgia |
| Court | Georgia Supreme Court |
Donald Huddleston, pro se.
Sam David Price, Johnson & Beckham, Carrollton, for appellee.
This appeal is from an order that denied appellant's motion that the clerk of court furnish him with a copy of warrant, commitment hearing transcript and related documents.
Appellant pled guilty to two counts of burglary and was sentenced by the Superior Court of Carroll County on October 8, 1976. No appeal was taken. Appellant, who is now serving his sentence, filed a "Motion for all Court Records" on May 27, 1977, contending that he is entitled to such records as a matter of law and that because he is indigent the state is required to furnish him his records. We treat the motion as a petition for writ of mandamus and hence this court has jurisdiction under Code Ann. § 2-3104.
After the time for appeal has expired there is no due process or equal protection right to a free copy of one's court records absent a showing of necessity or justification. United States v. MacCollom, 426 U.S. 317, 96 S.Ct. 2086, 48 L.Ed.2d 666 (1976); Evans v. Watson et al., 237 Ga. 249, 227 S.E.2d 253 (1976); Billups v. State, 234 Ga. 147, 214 S.E.2d 884 (1975); Wilson v. Downie, 228 Ga. 656, 658, 187 S.E.2d 293 (1972).
Judgment affirmed.
All the Justices concur.
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Rutledge v. State
...right to a free copy of one's court records absent a showing of necessity or justification," Huddleston v. Clerk of Superior Court, Carroll County , 240 Ga. 52, 52, 239 S.E.2d 376 (1977). We have said that a defendant may make such a showing by an affidavit setting out the "particular reaso......
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McDowell v. Balkcom, 36549
...234 Ga. 147, 214 S.E.2d 884 (1975); Wilson v. Downie, 228 Ga. 656, 658, 187 S.E.2d 293 (1972)." Huddleston v. Clerk of Superior Court Carroll County, 240 Ga. 52, 239 S.E.2d 376 (1977). In the case at bar, McDowell stated that he needed the transcript and records as evidence in his alleged p......
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Flucas v. Hinson, 33943
...otherwise available to him. See Mydell v. Clerk &c. of Chatham County, 241 Ga. 24, 243 S.E.2d 72 (1978); Huddleston v. Clerk &c. of Carroll County, 240 Ga. 52, 239 S.E.2d 376 (1977); Holmes v. Kenyon, 238 Ga. 583, 234 S.E.2d 502 (1977) and Judgment affirmed. All the Justices concur. ...
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Bell v. State, A16A0670
...of Mydell, other than to note that a showing of necessity or justification must be made. See, e.g., Huddleston v. Clerk of Superior Court , 240 Ga. 52, 239 S.E.2d 376 (1977).5 We note our concern that too lenient an interpretation of the affidavit requirements of Mydell could open the flood......