State of Delaware v. Lewis.
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY STATE OF DELAWARE v. ALHAJJ M. LEWIS Defendant. : : : : : : : Cr. I.D. No. 0107006531 ORDER Upon Consideration of Defendant s pro se Request for Transcripts - DENIED Submitted: September 29, 2004 Decided: October 12, 2004 Defendant has filed a pro se motion for transcript, it appears: (1) The record reflects that the defendant pled guilty to Murder 2nd degree and Possession of a Firearm by a Person Prohibited on February 6, 2002. Defendant now asks that he be furnished with transcripts, at the expense of the State, of: a. b. Complete copy of the plea colloquy; and c. (2) Complete copy of all transcripts from sentencing hearing; Copy of pretrial motions, Chambers conferences, pretrial hearings and all pertinent parts of the record. There is no constitutional right to a free transcript for the purpose of preparing a post-trial motion.1 (3) Superior Court Criminal Rule 61(d)(3) states: [t]he judge may order the preparation of a transcript of any part of the prior proceedings in the case needed to determine 1 State v. Qu ill, 1999 Del. Super. LEXIS 514 (citing State v. Bordley, 1989 Del. Super. LEXIS 43 5.). whether the movant may be entitled to relief. 2 (4) It is within the discretion of the Judge who examines the motion and contents of the record to determine whether to order preparation of a transcript.3 (5) This Court s decisions in State v. Doran4 and State v. Bordley5 make clear that when a defendant offers no factual basis and fails to clearly identify the fundamental rights he claims were violated, the Court will deny the motion. 6 (6) In the instant case, the defendant has offered no factual basis for his request. He has not made the requisite showing; therefore, the Defendant s pro se request for a transcript is DENIED. IT IS SO ORDERED. ________________________________ Judge Susan C. Del Pesco Original to Prothonotary xc: Loren C. Meyers, Esquire, Deputy Attorney General Alhajj M. Lewis Deborah L. Webb, Chief Deputy Clerk, Supreme Court Kathleen Feldman, Chief Superior Court Reporter 2 DEL. SUPER. CT. C RIM . R. 61(d)(3). 3 Quill, 1999 LEXIS at *3-4. 4 State v. Doran, Del. Super., Nos. IN 90-08-1791, IN 90-08-179 2, Barron, J. (June 12, 1992) (Order) (following the Court s decision in Bordley, the Court denied the defendant s motion holding that the motion was general and unsupported by any specific claim or facts. ). 5 Bordley, 1989 LEXIS at *4, (holding that where the [d]efendant offers no factual basis or clear identification of any fundamental rights that were violated, a court may deny a defendant s motion for transcript of record.). 6 State v. Ketchum, 2002 Del. Super. LEXIS 26 at *2.
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