California, United States of America
The following excerpt is from The People v. Stanley, No. B216192, No. LA055614 (Cal. App. 2010):
People v. Markley, supra, the case relied upon by the trial court, reviewed the same authorities. It pointed out that a defendant who seeks a free transcript of a prior trial for use in a subsequent trial on different charges is in quite a different position from one who seeks it in preparation for a retrial of the same charges or on direct appeal. "Courts have held that a trial court may properly deny a request for free transcripts for use in a motion for new trial or for use in other requests for collateral relief unless the indigent defendant first demonstrates that the transcript is necessary for effective representation by counsel" and "[t]he court must decide each case on its own facts and circumstances in determining whether the defendant has made a sufficient showing of need." (138 Cal.App.4th at p. 241.)
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