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State v. Chapman

Superior Court of Delaware, Kent

May 1, 2015

State
v.
Warren Chapman

Dear Mr. Chapman:

This is in response to your motion for transcript and your application to proceed in forma pauperis.

Your application to proceed in forma pauperis is granted.

There is no blanket constitutional right to a free transcript in a post-conviction proceeding. State v. Bordley, 1989 Del. Super., LEXIS 435. In this State, the right to a transcript in connection with post-conviction relief is governed by Superior Court Criminal Rule 61(d)(3), which states: "The judge may order the preparation of a transcript of any part of the prior proceedings in the case needed to determine whether the movant may be entitled to relief." The defendant must offer a factual basis or clear identification of fundamental rights which were violated which demonstrates a particularized need for a transcript. Your motion fails to meet this standard. In addition, the issues raised are controlled by settled Delaware law. Therefore, your motion for a transcript is denied.

IT IS SO ORDERED.

WILLIAM L. WITHAM, JR. RESIDENT JUDGE


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