Wise v. Skinner

Supreme Court of Georgia

Wise v. Skinner

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

CourtSupreme Court of Georgia

DecidedSeptember 10, 1979

Docket35128

StatusPublished

Cited by4 cases

This text of 259 S.E.2d 475 (Wise v. Skinner) 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

Wise v. Skinner, 259 S.E.2d 475, 244 Ga. 225, 1979 Ga. LEXIS 1194 (Ga. 1979).

Pincite

Opinion

*225 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.

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