STATE OF GEORGIA

IN THE INTEREST OF:       *

defendant’s name, A CHILD * CASE NO.

                          * 000-96J-00000

D.O.B.2-5-82              * FILE NO. 940000000

MOTION OBJECTING TO THE DESTRUCTION OF THE STATE’S TRIAL FILE WITHIN STATUTORY PERIOD

Comes now, defendant’s name, through appellate counsel and shows as follows:

1.

Appellate counsel filed a Motion For New Trial within the statutory time period.

2.

After reviewing the transcript of the trial and discussing the case with movant and his family, appellate counsel has filed an amended Motion for New Trial alleging ineffective assistance of counsel by trial counsel.

3.

Appellate counsel has been informed and believes that the State destroyed its trial file prior to the filing of the Motion for New Trial.

4.

Without access to the trial file appellate counsel is unable to accurately and completely review the performance of trial counsel on the ineffectiveness claim.

5.

The act of the State in destroying the file therefore deprives movant movant’s name of his right to counsel under the Sixth Amendment to the United States Constitution, Article 1, § 1, Paragraph XIV of the Georgia Constitution, by rendering appellate counsel ineffective as to the ineffectiveness claim against trial counsel.

WHEREFORE, Movant seeks the following relief:

1. That a hearing be had on this motion;

2. That the Motion for New Trial be granted because review of the ineffectiveness claim is impossible;

3. Such other and further relief as the Court may grant to secure the rights of the Movant.

Respectfully submitted this 30th day of September, 1996.

____________________

Attorney for Defendant

CERTIFICATE OF SERVICE

I certify that I have served the Solicitor of the ________ County Juvenile Court with a copy of the within and foregoing Motion by leaving same with Jimmy Tarver.

This _______ day of _______________.

___________________

Attorney for Defendant