465 S.E.2d 433 | Ga. | 1996
Shelby was convicted of malice murder in Walker County Superior Court on November 30, 1993. His conviction was affirmed by this Court on appeal. Shelby v. State, 265 Ga. 118 (453 SE2d 21) (1995). Thereafter, Shelby filed a pro se mandamus petition in forma pauperis to require the Clerk of the Walker County Superior Court to furnish him with a copy of the trial transcript and other documents at
We conclude “that the pleading shows on its face such a complete absence of any justiciable issue of law or fact that it cannot be reasonably believed that the court could grant any relief. ...” See OCGA § 9-15-2 (d). The Superior Court did not err in denying the filing of the petition.
Judgment affirmed.
Shelby proposes to raise three issues in a habeas corpus proceeding: (1) the sufficiency of the evidence, (2) the voluntariness of his custodial statement, and (3) the propriety of the trial court’s recharge. These issues were fully addressed by this Court in Divisions 1, 2 and 4 of our opinion in Shelby’s original appeal. See Shelby v. State, 265 Ga. 118, supra.
In an affidavit annexed to appellee’s brief in the present appeal, one of Shelby’s appellate attorneys averred that he did in fact receive a transcript and that it is still in his possession. We have given no consideration to this representation because it does not appear in the record. See Coweta Bonding Co. v. Carter, 230 Ga. 585, 586 (1) (198 SE2d 281) (1973).