Montgomery v. Tremblay

Clarke, Justice.

The state is appealing the judgment of the habeas court which granted a new trial to petitioner on the grounds that the state had failed to comply with Code Ann. § 27-2401 resulting in the absence of a complete trial transcript. The state contends the transcript is unnecessary to reach the merits of petitioner’s claims or alternatively contends that the court erred in failing to hold an evidentiary hearing on the merits of petitioner’s claims.

Tremblay was indicted, tried and convicted of rape and aggravated assault in 1974 in Chatham County. He was represented at trial by…