331 Ga. App. 304
Ga. Ct. App.2015Background
- Shannon Leavell was convicted by a jury of DUI (drug) and failure to maintain lane.
- Leavell sought cost-free transcripts of her trial and a suppression hearing on appeal.
- Trial court’s order waived some appellate filing/record costs but denied leave to proceed in forma pauperis as to transcript costs, assigning responsibility to pro bono counsel under Uniform Superior Court Rule 41.3.
- The trial court never made an explicit, clear finding on Leavell’s indigency at the hearing or in the order.
- The appellate record lacked the requested transcripts, preventing review of Leavell’s other claimed errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Leavell is entitled to cost-free trial and hearing transcripts on appeal | Leavell argued she is indigent and therefore entitled to free transcripts under Georgia precedent | State (trial court) treated transcript costs as counsel’s responsibility and denied in forma pauperis relief for transcripts | Vacated and remanded: trial court must make an explicit indigency finding and enter an order consistent with that finding |
| Whether denial of transcripts precludes review of other claims | Leavell argued lack of transcripts prevents meaningful appellate review of suppression and jury-instruction claims | State implicitly argues procedures followed and partial waivers suffice | Court found without transcripts appellate review of other claims cannot proceed and remanded for resolution |
Key Cases Cited
- Mitchell v. State, 280 Ga. 802 (establishes right of indigent criminal defendants to free transcripts of trial court proceedings)
- Coleman v. State, 293 Ga. App. 251 (procedural guidance on transcript and indigency issues)
- Thomas v. State, 297 Ga. App. 416 (indigency determination is within trial court’s discretion)
- Harris v. State, 170 Ga. App. 726 (trial court not required to make express indigency finding in every order)
Judgment vacated and case remanded with directions: if trial court finds indigency, Leavell may refile notice of appeal within 30 days of receiving transcripts; if not indigent, she has 30 days from that ruling to refile notice of appeal.