February 5, 2008 Motion for Preparation of Stenographic Transcript

Minor typographical and grammatical errors have been corrected, but remain in the image file.

STATE OF NORTH CAROLINA              FILED                          

SUPERIOR COURT DIVISION                 2008 FEB-5  PM 4:50

COUNTY OF GUILFORD                          GUILFORD COUNTY, C.S.C.
FILE NOS; 97CRS23654;95380                    BY__________________
98CRS23485

STATE OF NORTH CAROLINA}
RONNIE L. KIMBLE,
DEFENDANT

MOTION FOR PREPARATION
OF STENOGRAPHIC TRANSCRIPT

Now comes Ronnie L Kimble, defendant prose in the above captioned case, and respect moves the court for an order that a stenographic transcript of particular pages from hearings and trial of defendant be prepared.

In support of this motion, Defendant shows the court:

(1)

Defendant is seeking to have the court review the following convictions;

Date of Conviction : 0-2-1998

                           Presiding Judge :     Honorable Preston Cornelius

Plea :                        Not Guilty

                           Convicted of :         First Degree Murder; First Degree Arson:

Conspiracy To Commit Murder

                            Sentences : Life Without Parole; 55Months Minimum to 75 Months

(2)

Defendant lacks sufficient funds sufficient funds to have the missing pages from the verbatim Transcript prepared, as shown by the affidavit of In Forma Pauperis.

(3)

The missing and un-transcribed pages are necessary to resolve genuine issues of material facts that constitute good grounds for filing a post-conviction motion. The particular pages sought by this Court's Order are: particular pages sought by Court's Order are:

A.   The bond hearing held on June 2, 1997

B.    The voir dire jury selection

C.    Transcript Volume XIII, pages 2679-2709 and 2730

(these pages were missing when transcript was received).

D.   The in-camera conference discussion of Jury Charge.

Two non-profit organizations assisting in research and/or advice have requested complete transcripts in order to properly evaluate the case. Letters in support of these requests are attached herewith.

(4)

Attachments:

I. Letter from defense attorney John B. Hatfield

II. Letter from the North Carolina Center Actual Innocence

III. Letter from PWC Consulting

IV.    Letter to Marsha M. Garlick, Court Reporter

V.  Letter to Response from Marcia M. Galick, Court Reporter

Argument

In consideration of these circumstances, defendant submits that a transcript and copies of the missing pages should be prepared at state expense. Inspection of the actual verbatim record is appropriate and necessary.

It has been held that standard for determining whether an indigent is entitled to a transcript at State expense is

(1) Whether a transcript is necessary for preparation of an effective defense, and (2), whether there are alternative devices available to the defendant which are substantially equivalent to a transcript. STATE V. RANKIN, 306 N.C 712, 295 S.E.2D 416 (1982)

General statue # 15A-1026 requires that a verbatim record of all such proceedings be maintained and preserved. Furthermore, transcripts for indigents are an ordinary part of the budget of the Administrative Office of the Courts.

See, G.S. # 7A300(a)(7), (8), (9) and (11). These statues plainly establish a legislative policy in favor of allowing review of the verbatim record to ensure compliance with the various statutory and constitutional mandates. Such review can be realized only if a transcript is prepared. The legislative could not have intended that a verbatim record must be preserved, only for it to remain unavailable for inspection upon a reasonable request of a defendant or his counsel.

Although the right to post-conviction review beyond the direct appeal from a conviction is limited, the defendant has a constitutional right to petition for Writ of Habeas Corpus when he is held illegally as well as his statutory right to a Motion for Appropriate Relief.

G.S. # 15A-15a-1411: 7A-451(a)(3): Whenever an indigent is "entitled to counsel", it is the responsibility of the state to provide "the other necessary expense of representation. G. S. # 7A-450(b). Unless transcript preparation is ordered, defendant may be placed in the unfair position of having a legal entitlement to counsel and preparation of a transcript at the state expense, and yet be unable to show such legal entitlement simply because the verbatim transcript has not yet been completely prepared.

It will be impossible to fully evaluate the defendant's claims without the ability to review the complete verbatim transcript. The defendant could lose important legal rights by filing in complete or improperly drafted petitions or a Motion for Appropriate Relief. G. S. # 15A-1419. Therefore, it is of utmost importance to have a complete record prepared and the missing pages of the verbatim transcript supplied before any petition or motion for Appropriate Relief is completed and filed.

Wherefore. Defendant respectfully asks of the Court to Order that a verbatim transcript be prepared and that the missing pages of the already-transcribed volume be supplied to the defendant.

Respectfully submitted, This _____________ day of ________________2008

                                                                _________________________

                                                                  Ronnie L. Kimble, Prose

                                                                  P.O. Box 600

                                                                  Nashville, N.C. 278567