State v. Johnson, Cr.A. No. IN98040198

Full title: STATE of DELAWARE v. CALVIN A. JOHNSON, DOB: 10-08-64

Court: Superior Court of Delaware, New Castle County

Date published: Jan 8, 1999

Cr.A. No. IN98040198, Case No. 9804000177 (Del. Super. Ct. Jan. 8, 1999)

Opinion

Cr.A. No. IN98040198, Case No. 9804000177.

Submitted: November 10, 1998.

Decided: January 8, 1999. Motion Denied: February 8, 2000

ORDER

GEBELEIN, J.

This 8^th Day of January, 1999, it appears to the Court that:

1. Defendant Calvin A. Johnson has motioned the Court for an Order directing that he be furnished with copies, to be provided at the expense of the State, of the transcripts of his plea colloquy and the trial, including opening and closing statements, all sidebar conferences or statements and the Court's charge to the jury. Defendant requests these transcript to assist him in proceeding with his post-conviction remedies. He has not, however, alleged any specific errors by the State.

2. In support of his Motion, Defendant argues that he has a constitutional right to free transcripts and that he is indigent according to the findings of the Office of the Public Defender and the Delaware Supreme Court. However, there is no record indicating that the Supreme Court has found Defendant indigent.

3. Defendant has not made the showing required for this Court to find that he transcripts are "needed to decide the issue." United States v. MacCollom, 426 U.S. 317, 330 (1976). A criminal defendant who fails to articulate specific allegations of constitutional infirmity is not entitled to a transcript as a matter of right. Massatenta v. State, Del. Supr., No. 366, 1990, Horsey, J. (Jan. 29, 1991) (ORDER). The Constitution requires that materials such as transcripts are provided only after judicial certification that they are necessary to decide nonfrivolous issues in a pending case. See State v. Bordley, Del. Supr., IK85-05-0002, Steele, J. (Oct. 26, 1989) (ORDER). That is, Defendant's request cannot be granted because he has failed to articulate facts that relate to specific, nonfrivolous issues. See State v. Via, Del. Super., Cr. A. No. IN96-08-0591, Alford, J. (May 28, 1997) (ORDER).

4. Accordingly, since Defendant has failed to offer facts in support of his request, Defendant's Motion for Transcripts to be provided to him at no cost is hereby DENIED.

IT IS SO ORDERED.