Opinion
37251.
DECIDED APRIL 8, 1981.
Denial of records. Troup Superior Court. Before Judge Jackson.
Willard Chesley Jones, pro se. Arthur E. Mallory III, District Attorney, Arthur K. Bolton, Attorney General, Mary Beth Westmoreland, Assistant Attorney General, for appellee.
The appellant, serving a life sentence in the Georgia penal system for a murder conviction affirmed in Jones v. State, 245 Ga. 592 ( 266 S.E.2d 201) (1980), filed in the Troup Superior Court (in which he was convicted) a "notice of appeal" from his conviction, in which he requested that the trial court clerk prepare copies of "the tapes ... for the purpose of appeal." The superior court judge, treating the "notice of appeal" as a petition for copy of the trial records, denied the petition on the ground that the petitioner "has already been furnished with a copy of all the records involved in said matter..."
Even if the "petition" stated a claim of right to a copy of the trial transcript for the purpose of habeas corpus (as to this, see McDowell v. Balkcom, 246 Ga. 611 ( 272 S.E.2d 280) (1980) and cits.), the "petition" was properly denied on the ground that the petitioner had already been furnished a copy of the transcript in connection with his direct appeal. Mydell v. Clerk, Superior Court of Chatham County, 241 Ga. 24 ( 243 S.E.2d 72) (1978).
Judgment affirmed. All the Justices concur.