State ex rel. Infante v. Byrd
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[Cite as State ex rel. Infante v. Byrd, 2017-Ohio-7082.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 105853 STATE OF OHIO, EX REL. JOSE INFANTE RELATOR vs. NAILAH K. BYRD, CLERK OF COURTS RESPONDENT JUDGMENT: WRIT DENIED Writ of Mandamus Motion No. 507971 Order No. 508384 RELEASE DATE: July 28, 2017 FOR RELATOR Jose Infante, pro se Inmate No. A550-894 Grafton Correctional Institution 2500 South Avon Belden Road Grafton, Ohio 44044 ATTORNEYS FOR RESPONDENT Michael C. O’Malley Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor The Justice Center 1200 Ontario Street Cleveland, Ohio 44113 PATRICIA ANN BLACKMON, J.: {¶1} Jose Infante has filed a complaint for a writ of mandamus. Infante seeks an order from this court that requires the Cuyahoga County Clerk of Courts, Nailah Byrd, to provide him, at state’s expense, with a copy of the trial transcript that was originally filed in State v. Infante, 8th Dist. Cuyahoga No. 91782. Byrd has filed a motion for summary judgment. {¶2} An indigent criminal appellant is entitled to one free trial transcript at state’s expense when an appeal is pending. State ex rel. Murr v. Thierry, 34 Ohio St.3d 45, 517 N.E.2d 226 (1987). However, the Supreme Court of Ohio has established that the state is not required to provide an indigent criminal defendant with a second trial transcript at state’s expense. State ex rel. Vitoratos v. Walsh, 173 Ohio St. 467, 183 N.E.2d 917 (1962). In addition, the Ohio Supreme Court has established that the clerk of courts possesses no duty to provide an indigent defendant with a copy of a trial transcript in addition to the copy already filed in the court of appeals. State ex rel. Greene v. Enright, 63 Ohio St.3d 729, 590 N.E.2d 1257 (1992); Dunning v. Cleary, 8th Dist. Cuyahoga No. 78763, 2001 Ohio App. LEXIS 79 (Jan. 11, 2001). {¶3} Attached to Byrd’s motion for summary judgment is a copy of a journal entry, journalized on June 12, 2008, that demonstrates a transcript of the trial proceedings in State v. Infante, Cuyahoga C.P. No. CR-07-500697, was ordered at state’s expense. See Exhibit B. In addition, attached to Byrd’s motion for summary judgment is a copy of the docket maintained in State v. Infante, 8th Dist. Cuyahoga No. 91782, which demonstrates that the trial transcript of proceedings, consisting of four volumes, was filed with the clerk of this court on August 20, 2008. See Exhibit C. Infante is not entitled to a second copy of the trial transcript, at state’s expense, nor does Byrd possess any duty to provide Infante with a copy of the trial transcript. {¶4} Accordingly, we grant Byrd’s motion for summary judgment. Costs to Infante. The court directs the clerk of courts to serve all parties with notice of this judgment and the date of entry upon the journal as required by Civ.R. 58(B). {¶5} Writ denied. PATRICIA ANN BLACKMON, JUDGE MARY EILEEN KILBANE, P.J., and ANITA LASTER MAYS, J., CONCUR
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