Timothy Lee Barnum v. the State of Texas

Order entered September 1, 2022

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-21-00275-CR

TIMOTHY LEE BARNUM, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 15th Judicial District Court Grayson County, Texas Trial Court Cause No. 069939

ORDER

Before the court is appellant Timothy Lee Barnum’s motion to receive the appellate record furnished without charge. In the motion, Barnum explains he wishes to pursue habeas relief and requires the reporter’s record to establish the merits of his case.

Because there is no requirement that a petition for discretionary review include a copy of the trial record, indigent defendants are not entitled to a free copy of the trial record for preparation of a petition for discretionary review. Ex parte Trainer, 181 S.W.3d 358, 359 (Tex. Crim. App. 2005). “For similar reasons, an indigent defendant is not entitled either as a matter of equal protection or of due process to a free transcription of prior proceedings for use in pursuing postconviction habeas corpus relief.” In re Jones, Nos. 05-16-00001-CV, 05-16-00002-CV, 2016 WL 279432, at *1 (Tex. App.—Dallas Jan. 22, 2016, orig. proceeding) (mem. op., not designated for publication).

Barnum has no right to a free copy of the appellate record at this time. We therefore DENY the motion.

/s/ ROBBIE PARTIDA-KIPNESS JUSTICE