Wise v. Skinner

259 S.E.2d 475, 244 Ga. 225, 1979 Ga. LEXIS 1194

Opinion

Nichols, Chief Justice.

This is a pro se appeal from an order overruling Wise’s petition for mandamus seeking to require the Clerk of the Carroll County Superior Court to furnish him with a copy of the trial transcript of his armed robbery conviction.

"There must be some justification or showing of necessity beyond a mere naked demand for a transcript. While there is a basic right to a free transcript to perfect a timely direct appeal, there is no absolute right to a free transcript just so the prisoner may have it, and some justification for use in a habeas corpus or related proceeding must be shown in order to be entitled to such records in a collateral attack on the sentence. [Cits.]” Mydell v. Clerk, 241 Ga. 24 (243 SE2d 72) (1978).

Wise failed to show justification, and the trial court did not err in overruling his petition demanding a copy of his trial transcript.

Judgment affirmed.

All the Justices concur.