Smith, Robert Lee
WR-22,772-05
| Tex. App. | Sep 2, 2015Background
- Robert L. Smith, an indigent inmate, filed a pro se motion for mandamus in the Texas Court of Criminal Appeals seeking free copies of trial transcripts and related records.
- Smith challenges Harris County District Clerk’s failure to provide free clerk’s and reporter’s records necessary for post-conviction relief and his habeas corpus preparation.
- The underlying criminal conviction is aggravated sexual assault of a child, with two consolidated cause numbers (961276 & 966324) in Harris County, tried in the 184th District Court and affirmed on appeal.
- Smith contends the district court reporter’s records are essential to his post-conviction proceedings and that payment requirements violate due process and equal protection.
- The Clerk’s Office issued a letter detailing costs and required payment for certified copies; Smith seeks mandamus relief to compel free access to these records.
- The court granted or denied relief in various internal exhibits, indicating procedural dispute over access to records for indigent defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May mandamus compel free transcription records? | Smith | Harris County argues no absolute entitlement to free copies | Yes, but not clearly determined in provided text. |
| Does indigence require waiving costs for trial records under due process/equal protection? | Smith | State may charge costs if allowed by law | Court discussion references due process/equal protection principles without a final ruling in the excerpt. |
| Are the cited federal case principles applicable to state post-conviction records access? | Smith | State cites traditional state procedures | Authorities cited to support access for indigents; holding not fully stated here. |
| Is the relief limited to production of records or also to an evidentiary hearing? | Smith | State may deny or defer relief | Relief sought includes production and potential hearing; the order is not fully adjudicated in excerpt. |
Key Cases Cited
- Griffin v. Illinois, 351 U.S. 12 (1956) (due process requires adequate review; no fee for essential records for indigents)
- Eckridge v. Washington, 357 U.S. 214 (1959) (right to access to counsel and records for appeal incl. indigents)
- Ex parte Mays, 510 S.W.2d 606 (Tex. Cr. App. 1975) (Texas appellate records access; indigent entitlement)
- Carter v. State, 527 S.W.2d 535 (Tex. Cr. App. 1975) (state appellate record access principles)