RICHARD MORGAN v. COMMONWEALTH OF KENTUCKY
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RENDERED: MAY 21, 2004; 2:00 p.m.
NOT TO BE PUBLISHED
Commonwealth Of Kentucky
Court of Appeals
NO. 2003-CA-000743-MR
RICHARD MORGAN
APPELLANT
APPEAL FROM FAYETTE CIRCUIT COURT
HONORABLE REBECCA M. OVERSTREET, JUDGE
ACTION NO. 92-CR-00268 & 92-CR-00459
v.
COMMONWEALTH OF KENTUCKY
APPELLEE
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
GUIDUGLI, McANULTY, AND MINTON, JUDGES.
McANULTY, JUDGE. Appellant, Richard Morgan, brings this appeal
from the trial court’s denial of his motion for free videotapes
or transcripts of his November, 1992 trial.
We have considered
the record and conclude that Appellant is not entitled to
prevail.
Therefore, we affirm the trial court’s order of March
21, 2003.
On March 22, 2004, this appeal was assigned to the
present panel for its determination on the merits.
On September
12, 2003, Appellant sought by motions pending appeal the
identical relief.
On September 26, 2003, this Court denied
Appellant’s motion.
Appellant’s brief cites no specific grievance postconviction and direct appeal; rather he asserts a need to
research grievances for the purpose of filing a subsequent
habeas action in federal court.
A prisoner is not entitled to a
free-transcript merely for the purpose of searching it for
grounds for a possible application for post-conviction or habeas
corpus relief.
Bentley v. United States, 431 F. 2d 250, 254 (6th
Cir. 1970), cert. den. 401 U.S. 920, 91 S. Ct. 907, 27 L. Ed. 2d
823 (1971).
Appellant argues that the trial court erroneously
applied our Supreme Court’s holding in Gillian v. Commonwealth,
Ky., 652 S.W.2d 856 (1983).
The Court held in Gillian that
“[t]he purpose of RCr 11.42 is to give post-conviction relief to
a prisoner . . . who believes he has grounds for collateral
attack on the judgment. . . . Thus the stated purpose of the
rule is to provide a forum for known grievances, not to provide
an opportunity to research for grievances.” 652 S.W.2d at 858,
(emphasis added).
-2-
Here, Appellant has not filed a RCr 11.42 motion,1
however, the prohibition contained in Gillian, supra, would be
equally appropriate to a free standing request for free
transcripts.
We, therefore, affirm the order of the Fayette Circuit
Court denying Appellant’s motion for free trial transcripts.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
Richard Morgan, Pro se
West Liberty, Kentucky
Albert B. Chandler III
Attorney General of Kentucky
Kent T. Young
Assistant Attorney General
Frankfort, Kentucky
1
The record established that a RCr 11.42 motion was filed on August 8, 1997,
and adjudicated finally on June 18, 1999.
-3-
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