Rutledgev.The State
Marcus Rutledge sought an out-of-time appeal from a murder conviction entered on a guilty plea and also requested a free copy of his case file and transcripts. The trial court summarily denied the motion. The Georgia Supreme Court vacated in part and remanded. Because the motion alleged that the failure to file a timely appeal resulted from ineffective assistance by plea counsel, the trial court was required to hold a hearing on that issue rather than summarily deny the request. The Supreme Court affirmed the denial of free records because Rutledge did not satisfy the standard for obtaining them after the deadline for a timely appeal. The request was nevertheless cognizable because it was made as part of a motion for an out-of-time appeal, rather than as a standalone filing. The court left the records ruling intact.
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