Opinion
I.D. No. 9905015253
05-01-2015
Re: State v. Warren Chapman
WILLIAM L. WITHAM, JR. RESIDENT JUDGE Mr. Warren Chapman, Inmate
James T. Vaughn Correctional Center
1181 Paddock Road
Smyrna, Delaware 19977
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