Moore v. Rowe

Supreme Court of Georgia

Moore v. Rowe

233 S.E.2d 355, 238 Ga. 373, 1977 Ga. LEXIS 1522

CourtSupreme Court of Georgia

DecidedFebruary 14, 1977

Docket31935

StatusPublished

This text of 233 S.E.2d 355 (Moore v. Rowe) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moore v. Rowe, 233 S.E.2d 355, 238 Ga. 373, 1977 Ga. LEXIS 1522 (Ga. 1977).

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Opinion

Per curiam.

Appellant was convicted of murder in the Camden Superior Court on April 11,1966, but did not appeal that conviction. However, on October 9,1976, appellant filed a "petition for all court records” in the Camden Superior Court against the clerk of the court, who is the appellee in this case. The petitioner alleged that appellant was indigent and sought copies of "complete transcripts, warrants, indictments, and commitment papers” relating to his murder conviction. The trial court entered an order dated October 15, 1976, which denied the petition on the ground that appellant had not made any "showing of [374]*374necessity beyond a mere naked demand” that he was entitled to the records as a matter of law, citing Wilson v. Downie, 228 Ga. 656 (187 SE2d 293) (1972).

Submitted January 21, 1977 — Decided February 14, 1977. Robert F. Moore, pro se. M. F. Martin, III, for appellee.

No appeal was taken from the trial court’s order, but on October 27, 1976, appellant filed the present petition for á writ of mandamus against the superior court clerk seeking the trial transcripts and records which had been previously denied him in the "petition for all court records.” The trial court found that the petitioner had not "raised any other or further grounds for his right to a free transcript” than those set out in the earlier petition and dismissed the petition for a writ of mandamus on grounds of res judicata. See Code Ann. § 110-501.

Judgment affirmed.

All the Justices concur.

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Per curiam.

Appellant was convicted of murder in the Camden Superior Court on April 11,1966, but did not appeal that conviction. However, on October 9,1976, appellant filed a "petition for all court records” in the Camden Superior Court against the clerk of the court, who is the appellee in this case. The petitioner alleged that appellant was indigent and sought copies of "complete transcripts, warrants, indictments, and commitment papers” relating to his murder conviction. The trial court entered an order dated October 15, 1976, which denied the petition on the ground that appellant had not made any "showing of [374]*374necessity beyond a mere naked demand” that he was entitled to the records as a matter of law, citing Wilson v. Downie, 228 Ga. 656 (187 SE2d 293) (1972).

Submitted January 21, 1977 — Decided February 14, 1977. Robert F. Moore, pro se. M. F. Martin, III, for appellee.

No appeal was taken from the trial court’s order, but on October 27, 1976, appellant filed the present petition for á writ of mandamus against the superior court clerk seeking the trial transcripts and records which had been previously denied him in the "petition for all court records.” The trial court found that the petitioner had not "raised any other or further grounds for his right to a free transcript” than those set out in the earlier petition and dismissed the petition for a writ of mandamus on grounds of res judicata. See Code Ann. § 110-501.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

233 S.E.2d 355, 238 Ga. 373, 1977 Ga. LEXIS 1522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-rowe-ga-1977.

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