Supreme Court of Georgia, 1979

Orr v. Couch

Orr v. Couch
Supreme Court of Georgia · Decided September 26, 1979 · Marshall, Hall
260 S.E.2d 82; 244 Ga. 374; 1979 Ga. LEXIS 1242 (South Eastern Reporter, Second Series)

Orr v. Couch

Opinion

Marshall, Justice.

This appeal is from a judgment that denied the appellant’s pro se application to the clerk of court for a copy of warrant, indictment, sentence and transcript of his conviction of armed robbery based upon a guilty plea, for which he is serving a 20-year sentence. The appellant alleges that he has not received any records from his lawyer, and needs them for an alleged pending habeas corpus proceeding. It is not alleged whether a direct appeal was taken.

"While an indigent is entitled to a copy of his trial transcript for a direct appeal of his conviction, such is not the case in collateral post-conviction proceedings.” Holmes v. Kenyon, 238 Ga. 583, 584 (234 SE2d 502) (1977). See also Flucas v. Hinson, 242 Ga. 378 (249 SE2d 64) (1978) and cits.

The judgment below must be affirmed.

*375 Submitted August 31, 1979 Decided September 26, 1979. Andrew Orr, pro se. William P. Bailey, for appellee.

Judgment affirmed.

All the Justices concur, except Hall, J., who concurs in the judgment only.

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