Rutledge v. State, 309 Ga. 508

Marcus Rutledge was indicted in June 2016 for murder and related charges arising from an April 2016 shooting; in February 2018 he pled guilty to malice murder and received life; remaining counts were nolle prossed.
Rutledge did not file a timely direct appeal from his guilty-plea conviction.
On July 1, 2019, Rutledge filed a pro se motion for an out-of-time appeal and concurrently requested a free copy of his case file and transcripts.
The trial court summarily denied the motion the same day without a response from the State or an evidentiary hearing, directing Rutledge to seek collateral review.
On appeal to the Georgia Supreme Court, the Court vacated the denial of the out-of-time appeal and remanded for an evidentiary hearing on whether plea counsel’s ineffective assistance caused the failure to appeal, but affirmed denial of free records because Rutledge made no affidavit showing necessity or lack of prior access.

Issue	Plaintiff's Argument (Rutledge)	Defendant's Argument (State)	Held
Whether Rutledge is entitled to an out-of-time direct appeal	Counsel failed to inform him of a possible ground for appeal; this entitles him to an out-of-time appeal	Denial was proper; collateral review is the appropriate vehicle	Vacated trial court's denial and remanded for an evidentiary hearing to determine if plea counsel's ineffective assistance caused the failure to file a timely appeal (per Collier)
Whether Rutledge is entitled to a free copy of his case file and transcripts after the appeal period	Requested records to amend motion and pursue appeal; entitlement to records to perfect an appeal	No automatic right to free records after appeal period without a showing of necessity	Affirmed denial: after the appeal period a defendant must show particularized necessity/lack of access by affidavit; Rutledge made no such showing

Collier v. State, 307 Ga. 363 (Ga. 2019) (requires evidentiary hearing when defendant alleges counsel’s ineffective assistance caused failure to pursue a timely appeal; rejects requirement that an out-of-time-appeal applicant also plead merit)
Mydell v. Clerk, Superior Court of Chatham County, 241 Ga. 24 (Ga. 1978) (indigent defendant has right to free transcript to perfect a timely direct appeal; after appeal period must show particularized necessity)
Huddleston v. Clerk of Superior Court, Carroll County, 240 Ga. 52 (Ga. 1977) (no due process right to free records after appeal period absent showing of necessity or justification)
Schoicket v. State, 304 Ga. 255 (Ga. 2018) (a freestanding request for records unconnected to a cognizable post-conviction proceeding is a legal nullity)
United States v. MacCollom, 426 U.S. 317 (U.S. 1976) (constitutional concerns relevant when government refuses requested trial transcripts at government expense)