Opinion
No. 40068
Decided February 23, 1967.
Mandamus — To furnish transcript of proceedings in criminal case at state expense — Accused not entitled to, when — Appellate remedies exhausted — No appeal from conviction pending.
IN MANDAMUS.
ON DEMURRER to petition.
This is an action in mandamus originating in this court. In this action, relator seeks an order compelling respondent to furnish him copies of all the records in relation to his arrest, trial and appeals at the expense of the state. Respondent has demurred to the petition.
Relator has exhausted his appellate remedies in this state in his criminal case and certiorari was denied on May 23, 1966, by the Supreme Court of the United States.
Mr. James A. Catlino, in propria persona. Mr. John T. Corrigan, prosecuting attorney, and Mr. Leo M. Spellacy, for respondent.
To be entitled to a transcript of the proceedings of his original trial at the expense of the state, an accused must either be within rule at the time the request is made or have had a motion for leave to appeal granted. State, ex rel. Vitoratos, v. Yacobucci, Clerk of Courts, 173 Ohio St. 462; State, ex rel. Baines, v. Parrino, Judge, 174 Ohio St. 531; and State, ex rel. Partee, v. McMahon, Judge, 175 Ohio St. 243.
Inasmuch as relator has exhausted his appellate remedies, he has no appeal from his conviction pending and is not entitled to the copies of these records at the expense of the state.
The demurrer is sustained, and the writ is denied.
Writ denied.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.