Roberson v. GeorgiaAnnotate this Case
Appellant Nick Roberson was convicted of family-violence simple battery after a trial in which she was represented by a public defender. Wishing to appeal her conviction, Roberson filed a motion seeking a transcript without charge as an indigent defendant under OCGA 9-15-2. The trial court held a hearing, but denied her motion. Roberson appealed. The Court of Appeals held that the authority to determine indigence for the purpose of requiring the county to pay for a transcript lay exclusively with the trial court, and thus could not be considered on appeal. Because the Court of Appeals was correct in its determination that the statute reserves this particular determination of indigence to the trial court alone, and because the record before the Supreme Court did not support Roberson’s assertion of a procedural violation, the Supreme Court affirmed.