Opinion
No. 80-1545
Decided March 25, 1981.
Mandamus — Criminal law — Indigent defendant — To compel provision of second free trial transcript — Remedy denied.
APPEAL from the Court of Appeals for Clermont County.
In 1978, Larry M. Ralston, appellant herein, was convicted in the Court of Common Pleas of Clermont County of four counts of rape. On appeal of one of those convictions to the Court of Appeals, appellant requested the trial judge, Judge Ralph A. Hill, appellee herein, to provide him with a free trial transcript, based on his indigency. Judge Hill granted that request and the transcript was delivered to the clerk's office of the Court of Appeals in accordance with R.C. 2953.03.
Appellant further requested that he be provided with a second free trial transcript. Judge Hill denied this request.
Appellant brought a mandamus action in the Court of Appeals seeking a writ to compel appellee to provide appellant with a second transcript. Appellant alleged that this second transcript was necessary for the preparation of an appellate brief by his attorney. The Court of Appeals denied the writ on the basis that Judge Hill had fulfilled his duty by ordering that a single copy of the transcript be delivered to the Court of Appeals.
The cause is now before this court on an appeal as of right.
Mr. Edmund S. Lee, for appellant.
Mr. Robert A. Jones, prosecuting attorney, and Ms. Stephanie A. Wyler, for appellee.
This court has held in a long line of cases that the state has a duty to provide an indigent defendant with only a single trial transcript for the purpose of an effective appeal. E.g., State v. Frato (1958), 168 Ohio St. 281; State, ex rel. Vitoratos, v. Walsh (1962), 173 Ohio St. 467; State, ex rel. Terrell, v. Court (1963), 174 Ohio St. 209; State, ex rel. Vitoratos, v. Morris (1970), 22 Ohio St.2d 3.
Appellant essentially contends that Griffin v. Illinois (1956), 351 U.S. 12, and its progeny overrule those cases of this court, supra, and now require that multiple free transcripts may be in order for an indigent defendant. We disagree.
" Griffin v. Illinois and its progeny establish the principle that the State must, as a matter of equal protection, provide indigent prisoners with the basic tools of an adequate defense or appeal, when those tools are available for a price to other prisoners. While the outer limits of that principle are not clear, there can be no doubt that the State must provide an indigent defendant with a transcript of prior proceedings when that transcript is needed for an effective defense or appeal." Britt v. North Carolina (1971), 404 U.S. 226, 227. See, also, State v. Arrington (1975), 42 Ohio St.2d 114, 116.
Appellant was provided with a basic tool for his appeal when Judge Hill granted his request for a single trial transcript. The constitutional requirements were met and, thus, Judge Hill was not under a clear duty to provide a second transcript for appellant. State, ex rel. Terrell, supra, at page 210. Therefore, the Court of Appeals properly denied appellant's request for a writ of mandamus.
For the foregoing reasons, the judgment of the Court of Appeals is affirmed.
Judgment affirmed.
CELEBREZZE, C.J., W. BROWN, P. BROWN, SWEENEY, LOCHER, HOLMES and C. BROWN, JJ., concur.