Mitchell v. State, S06A0766.
| Decision Date | 14 July 2006 |
| Docket Number | No. S06A0769.,No. S06A0767.,No. S06A0768.,No. S06A0766.,S06A0766.,S06A0767.,S06A0768.,S06A0769. |
| Citation | 633 S.E.2d 539,280 Ga. 802 |
| Parties | MITCHELL v. The STATE. |
| Court | Georgia Supreme Court |
Michael B. King, Jonesboro, for Appellant.
Scott L. Ballard, Zebulon, Thurbert E. Baker, Atty. Gen., Paula Khristian Smith, Asst. Atty. Gen., Department of Law, Atlanta, Josh W. Thacker, Fayetteville, for Appellee.
Appellants Marvin and Melvin Mitchell were convicted of the felony murder of Jason Trotman and other charges and sentenced to life imprisonment. After a hearing on their post-trial motions, including claims of ineffective assistance of trial counsel, the trial court declared appellants to be indigent and appointed counsel for purposes of appeal. The court, however, denied their requests for free copies of the transcript of post-trial proceedings. Appellants contend in case numbers S06A0767 and S06A0769 that the trial court's denial of their requests for a free transcript was error. We agree and reverse.
1. In criminal cases, "[a]n indigent, on appeal, is entitled as a matter of right to a free copy of the transcript of trial court proceedings in which he has been a party." Stalling v. State, 231 Ga. 37, 38, 200 S.E.2d 121 (1973), citing Griffin v. Illinois, 351 U.S. 12, 19, 76 S.Ct. 585, 100 L.Ed. 891 (1956) (). Motions for new trial and other post-trial motions are part of the "proceedings" contemplated by this rule. See Hall v. State, 162 Ga.App. 713(4), 293 S.E.2d 862 (1982). The right to a free transcript arises regardless of whether the indigent defendant was represented by retained counsel at the time of the trial court proceeding for which the transcript is sought. See id.
The trial court here found appellants to be indigent for purposes of appeal and our own review of the record demonstrates that the transcript of appellants' post-trial evidentiary hearing is necessary to allow them to pursue their pending appeals from their criminal convictions. See Stalling, supra at 38, 200 S.E.2d 121 (); Billups v. State, 234 Ga. 147, 214 S.E.2d 884 (1975) (). Accordingly, we conclude that the court erred by denying appellants' requests for a free transcript of the post-trial proceedings and reverse the decision of the trial court in case numbers S06A0767 and S06A0769.
2. Having determined that appellants were denied their right to free copies of the transcript of post-trial proceedings, their appeals from their convictions in case numbers S06A0766 and S06A0768 are removed from the docket and remanded to ...
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Mitchell v. State
...January 6, 2005, were denied August 26, 2005 and notices of appeal were filed September 23, 2005. This Court in Mitchell v. State, 280 Ga. 802, 633 S.E.2d 539 (2006) held that appellants were entitled to a free transcript. In accordance with that opinion, Melvin refiled his notice of appeal......
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Singleton v. State
...at the time of the trial court proceeding for which the transcript is sought.(Citations and punctuation omitted). Mitchell v. State, 280 Ga. 802(1), 633 S.E.2d 539 (2006). Our review of the record shows that, Singleton was in fact deemed indigent for purposes of his new trial motion and app......
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Coleman v. State
...the absence of a transcript, we generally presume that the trial court acted properly"). 4. (Citations omitted.) Mitchell v. State, 280 Ga. 802(1), 633 S.E.2d 539 (2006). 5. See Hall v. State, 162 Ga.App. 713, 716(4), 293 S.E.2d 862 (1982) (on remand, trial court ordered to hold a hearing t......
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Roberson v. State
...as a matter of right to a free copy of the transcript of trial court proceedings in which he has been a party." Mitchell v. State , 280 Ga. 802, 802 (1), 633 S.E.2d 539 (2006) (citation omitted). The problem for Roberson is that the trial court concluded that she was not indigent. Unlike in......