Edwards v. State
288 Ga. 459
Ga.2011Background
- Edwards challenged his June 1994 conviction under the Georgia Controlled Substances Act by habeas petition, seeking a certificate of probable cause to appeal, which this Court previously denied on direct appeal.
- This is Edwards' second habeas proceeding; this Court previously remanded in 2009 to conduct a transcribed hearing addressing all petition grounds.
- Record ambiguity existed whether the remanded hearing occurred; Fulton County clerk claimed no hearing, though later notes indicate a hearing was held and transcribed.
- Georgia law requires that in habeas cases, all trials be transcribed by a court reporter, and indigent petitioners are entitled to the transcript at the State's expense.
- The Court overruled older cases suggesting otherwise and required the habeas court to complete and certify the transcript and ensure service to Edwards before reaching merits.
- The Court vacated the habeas court's order, remanding to complete the record, ensure service of the transcript, and provide guidance on proper appeal if the petition is denied again.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is transcription mandatory for habeas review? | Edwards argues transcription is mandatory and indispensable for merits review. | State contends logistical or evidentiary considerations may suffice. | Yes; transcription is mandatory for habeas review. |
| What remedies if transcript is incomplete or unavailable? | Edwards contends the record must be complete and the transcript provided to him at State expense. | State contends remedies within habeas procedure are adequate. | Record must be complete and transcript provided; remand for proper procedure. |
| Should the court require certification of indigent transcript provision on the record? | Edwards should receive certification that the transcript was provided at State expense. | State would comply with procedures as required without specific certification on the record. | Habeas courts must certify on the record that indigent transcripts were provided. |
Key Cases Cited
- York v. Jarvis, 248 Ga. 774 (Ga. 1982) (Iran evi- transcription duties in habeas reviews)
- Shaw v. Jones, 226 Ga. 291 (Ga. 1970) (transcript and procedural requirements in habeas)
- Hicks v. Scott, 273 Ga. 358 (Ga. 2001) (proper appellate procedure after denial)