McDowell v. Balkcom, 36549
| Decision Date | 31 October 1980 |
| Docket Number | No. 36549,36549 |
| Citation | 272 S.E.2d 280,246 Ga. 611 |
| Parties | McDOWELL v. BALKCOM. |
| Court | Georgia Supreme Court |
Ronald McDowell, pro se.
Arthur K. Bolton, Atty. Gen., for appellee.
McDowell, a prisoner incarcerated at Reidsville in Tattnall County, has allegedly filed a petition for writ of habeas corpus in that county. In conjunction with his petition, he filed in Gwinnett County, the county of his conviction, a "motion for production of documents" seeking, inter alia, a copy of his trial transcript. McDowell's motion was captioned "Petition for Habeas Corpus" and named Charles Balkcom, former warden of Georgia State Prison at Reidsville as respondent. Because of this erroneous caption, apparently the Gwinnett County judge believed the document filed was a petition for habeas corpus and therefore dismissed for improper venue. McDowell then wrote a letter to the court explaining that his habeas petition was in fact filed in Tattnall County and that all he sought from Gwinnett County was a copy of his trial transcript and other court records. The Gwinnett County judge then entered an order denying McDowell's motion stating that it failed to meet the requirements of law set out in Evans v. Watson, 237 Ga. 249, 227 S.E.2d 253 (1976) and Billups v. State, 234 Ga. 147, 214 S.E.2d 884 (1975). We affirm.
"While an indigent is entitled to a copy of his trial transcript for a direct appeal of his conviction, such is not the case in collateral post-conviction proceedings." Holmes v. Kenyon, 238 Ga. 583, 584, 234 S.E.2d 502 (1977). 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 pending habeas hearing. However, he did not show that he (nor his attorney on his behalf) has never previously been supplied a copy of his transcript and record nor did he show that the records are not otherwise available to him. See Flucas v....
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Rutledge v. State
...record, the trial court did not err in denying Rutledge's request for his case file and transcript. See, e.g., McDowell v. Balkcom , 246 Ga. 611, 611, 272 S.E.2d 280 (1980) ; Flucas v. Hinson , 242 Ga. 378, 379, 249 S.E.2d 64 (1978).2 We therefore affirm that part of the trial court's order......
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Henderson v. State, S17A1785
...free copy of one’s court records absent a showing of necessity or justification.(Citations and punctuation omitted.) McDowell v. Balkcom, 246 Ga. 611, 272 S.E.2d 280 (1980). Henderson failed to file a direct appeal, his motion for an out-of-time appeal was denied, and the denial was affirme......
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Schoicket v. State, S18A0632
...free copy of one’s court records absent a showing of necessity or justification.(Citations and punctuation omitted.) McDowell v. Balkcom, 246 Ga. 611, 272 S.E.2d 280 (1980). Here, we are well outside the time for appeal, and Schoicket has failed to make any showing of necessity or justifica......
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Montgomery v. Tremblay
...to be entitled to a free transcript. United States v. MacCollom, 426 U.S. 317, 96 S.Ct. 2086, 48 L.Ed.2d 666 (1976); McDowell v. Balkcom, 246 Ga. 611, 272 S.E.2d 280 (1980). In McDowell, petitioner sought a free copy of his transcript pending a habeas corpus action. We held he had not shown......