Narrative Opinion Summary
Once the Office of the Public Defender's representation of an indigent defendant concludes, it is required to surrender any trial transcripts in its possession to the defendant upon request. This obligation is supported by case law, including Pearce v. Sheffey, which mandates the relinquishment of transcripts at the conclusion of an appeal, and Thompson v. Unterberger, which confirms a petitioner's entitlement to such transcripts. Mandamus is deemed an appropriate remedy to compel the public defender to provide transcripts after representation has ended. However, the court clarifies that while the public defender is obligated to provide transcripts post-representation, there is no duty to do so while still representing the defendant on direct appeal. Consequently, the trial court's grant of mandamus in this case is reversed. Judges Kahn, Lewis, and Hawkes concur in the decision.
Legal Issues Addressed
Mandamus as Remedy for Transcript Provisionsubscribe to see similar legal issues
Application: Mandamus is an appropriate legal remedy to compel the public defender to provide transcripts after their representation has ended.
Reasoning: Mandamus is deemed an appropriate remedy to compel the public defender to provide transcripts after representation has ended.
No Duty to Provide Transcripts During Direct Appealsubscribe to see similar legal issues
Application: The public defender is not obligated to provide trial transcripts to the defendant while still representing them on direct appeal.
Reasoning: The court clarifies that while the public defender is obligated to provide transcripts post-representation, there is no duty to do so while still representing the defendant on direct appeal.
Obligation to Surrender Trial Transcriptssubscribe to see similar legal issues
Application: The Office of the Public Defender must provide trial transcripts to an indigent defendant upon request after the conclusion of representation.
Reasoning: Once the Office of the Public Defender's representation of an indigent defendant concludes, it is required to surrender any trial transcripts in its possession to the defendant upon request.
Reversal of Mandamus Grantsubscribe to see similar legal issues
Application: The trial court's decision to grant mandamus compelling the public defender to provide transcripts was reversed.
Reasoning: Consequently, the trial court's grant of mandamus in this case is reversed.