State of Delaware v. Chapman.

SUPERIOR COURT OF THE STATE OF DELAWARE WILLIAM L. WITHAM, JR. KENT COUNTY COURT HOUSE R E S ID E N T JU D G E 38 THE GREEN DOVER, DELAWARE 19901

May 1, 2015

Mr. Warren Chapman, Inmate James T. Vaughn Correctional Center 1181 Paddock Road Smyrna, Delaware 19977 Re: State v. Warren Chapman I.D. No. 9905015253 Dear Mr. Chapman: This is in response to your motion for transcript and your application to proceed in forma pauperis.

Your application to proceed in forma pauperis is granted.

There is no blanket constitutional right to a free transcript in a post-conviction proceeding.

State v. Bordley, 1989 Del. Super., LEXIS 435. In this State, the right to a transcript in connection with post-conviction relief is governed by Superior Court Criminal Rule 61(d)(3), which states: “The judge may order the preparation of a transcript of any part of the prior proceedings in the case needed to determine whether the movant may be entitled to relief.” The defendant must offer a factual basis or clear identification of fundamental rights which were violated which demonstrates a particularized need for a transcript. Your motion fails to meet this standard. In addition, the issues raised are controlled by settled Delaware law. Therefore, your motion for a transcript is denied.

IT IS SO ORDERED.

/s/ William L. WItham, Jr. Resident Judge WLW/dmh oc: Prothonotary xc: Mr. Warren Chapman, JTVCC Department of Justice Public Defender’s Office File