State v. Evans, 2017 Ohio 9293

Joseph R. Evans was convicted by a jury of two counts of rape of a minor and one count of gross sexual imposition; his direct appeal and a post-conviction appeal were previously litigated and unsuccessful.
While incarcerated and pro se, Evans filed a motion requesting either a complete copy of his trial and sentencing transcripts at the State’s expense or temporary loan/use of the transcripts to prepare a motion for resentencing.
The trial court denied the motion, noting Evans had already received a transcript copy for his direct appeal and that he was not entitled to another copy at State expense for subsequent pro se filings.
Evans appealed the denial; the Court of Appeals first addressed whether the order denying transcripts was a final, appealable order.
The court concluded the denial was a final, appealable order and held that an indigent criminal defendant is entitled to only one transcript copy at State expense; Evans had already received his one copy, so the trial court did not err.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an order denying an indigent defendant’s request for transcripts is a final, appealable order	Evans argued entitlement to transcript access to prepare a motion for resentencing (implying appealability)	State implicitly argued the order could be reviewed and that transcript requests are limited	The court held such an order is final and appealable (following Tripodo and other districts)
Whether Evans was entitled to a copy of trial and sentencing transcripts at the State’s expense for a new pro se filing	Evans argued he needed transcripts because appellate briefing rules require record citations and thus he should get a State-funded copy	State/trial court argued Evans already received one transcript copy for his direct appeal and is not entitled to additional State-funded copies	The court held an indigent defendant is entitled to only one transcript copy at State expense; Evans had already received his one copy, so denial was proper

State v. Tripodo, 50 Ohio St.2d 124 (Ohio 1977) (orders denying transcript requests can be final, appealable orders)
State ex rel. Call v. Fragale, 104 Ohio St.3d 276 (2004) (an indigent criminal defendant is entitled to one copy of a transcript at State expense)
State ex rel. Call v. Zimmers, 85 Ohio St.3d 367 (1999) (discussing limits on transcript entitlement where no pending action exists)
State ex rel. Murr v. Thierry, 34 Ohio St.3d 45 (1987) (addressing transcript access in relation to pending proceedings)