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439 F.2d 1130

Docket No. 30464

Colbert v. Beto

Fifth Circuit Court of Appeals

March 8, 1971.

Fifth Circuit Court of Appeals · decided 1971-03-08

2 counsel of record

Key passage — most relied on by later courts

““ * * * an indigent does not have a federally-protected right to a free copy of his transcript or other court records merely to search for possible error * * * ” Colbert, at 1131.”

quoted by 1 later decision, including Alston v. Texas

““no appeal or petition for post-conviction relief pending at this time.” Id.”

quoted by 1 later decision, including Alston v. Texas

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · Skinner v. United States · Bennett v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1971-03-08

How this case has been cited

Cited by 7 later decisions — most recently December 2013

4 federal appellate ·

5019711980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Bert M. Colbert, pro se.

Crawfore C. Martin, Atty. Gen., Robert Darden, Asst. Atty. Gen., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Robert C. Flowers, Asst. Atty. Gen., Austin, Tex., for appellee.

Before JOHN R. BROWN, Chief Judge and INGRAHAM and RONEY, Circuit judges.

PER CURIAM:

¶1

Colbert, a Texas state prisoner, appeals the district court's dismissal of his motion to secure his state court transcripts and records. We affirm.

¶2

The records the appellant has sought to obtain include the police arrest and booking sheets, a search warrant, and the transcripts of his arraignment proceedings relative to his state convictions for possession of marijuana and heroin. Though he has no appeal or petition for post-conviction relief pending at this time, the appellant contends that he is entitled to free copies of the material because he lacks the funds to purchase them.

¶3

Under ordinary circumstances such as these, an indigent does not have a federally-protected right to a free copy of his transcript or other court records merely to search for possible error in order to file a petition for collateral relief at some future date. Bennett v. United States, 5th Cir. 1971, 437 F.2d 1210; Skinner v. United States, 5th Cir. 1970, 434 F.2d 1036.

¶4

Affirmed.

/439/f2d/1130 · .json · Public domain