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Huddleston v. Clerk of Superior Court, Carroll County

Supreme Court of Georgia
Oct 25, 1977
240 Ga. 52 (Ga. 1977)

Opinion

32713.

SUBMITTED SEPTEMBER 2, 1977.

DECIDED OCTOBER 25, 1977.

Copy of court records. Carroll Superior Court. Before Judge Knight.

Donald Huddleston, pro se. Johnson Beckham, Sam David Price, for appellee.


This appeal is from an order that denied appellant's motion that the clerk of court furnish him with a copy of warrant, commitment hearing transcript and related documents.

Appellant pled guilty to two counts of burglary and was sentenced by the Superior Court of Carroll County on October 8, 1976. No appeal was taken. Appellant, who is now serving his sentence, filed a "Motion for all Court Records" on May 27, 1977, contending that he is entitled to such records as a matter of law and that because he is indigent the state is required to furnish him his records. We treat the motion as a petition for writ of mandamus and hence this court has jurisdiction under Code Ann. § 2-3104.

After the time for appeal has expired there is no due process or equal protection right to a free copy of one's court records absent a showing of necessity or justification. United States v. MacCollom, 426 U.S. 317 ( 96 S.C. 2086, 48 L.Ed.2d 666) (1976); Evans v. Watson, 237 Ga. 249 ( 227 S.E.2d 253) (1976); Billups v. State, 234 Ga. 147 ( 214 S.E.2d 884) (1975); Wilson v. Downie, 228 Ga. 656, 658 ( 187 S.E.2d 293) (1972).

Judgment affirmed. All the Justices concur.


SUBMITTED SEPTEMBER 2, 1977 — DECIDED OCTOBER 25, 1977.


Summaries of

Huddleston v. Clerk of Superior Court, Carroll County

Supreme Court of Georgia
Oct 25, 1977
240 Ga. 52 (Ga. 1977)
Case details for

Huddleston v. Clerk of Superior Court, Carroll County

Case Details

Full title:HUDDLESTON v. CLERK OF SUPERIOR COURT, CARROLL COUNTY

Court:Supreme Court of Georgia

Date published: Oct 25, 1977

Citations

240 Ga. 52 (Ga. 1977)
239 S.E.2d 376

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