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Transcripts in court - is it required by law to have one?

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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-25-08 09:28 PM
Original message
Transcripts in court - is it required by law to have one?
So I'm hearing the Siegelman story more and more, and now I'm hearing that the court reporter died before the transcript was complete. If there is no transcript of the Siegelman proceedings, would it be overturned and remanded for a new trial under federal law? I'm not real clear on it.

Hawkeye-X
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originalpckelly Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-25-08 09:31 PM
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1. I don't care what happened, there is no fucking way...
One cannot get away with a transcriptless court proceeding and call it a just proceeding. It is the most basic of provisions in any court.

This is definitely beyond the pale, and it is a call to action.

Now, we must do something, something more than an election, it simply cannot wait. Something must immediately happen. We must at the very least start protesting.
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-25-08 09:32 PM
Response to Original message
2. Given the nature of the case, my first question is: what were
the circumstances of the court reporter's death?
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-25-08 09:32 PM
Response to Original message
3. Whoops! Dupe.
Edited on Mon Feb-25-08 09:33 PM by rzemanfl
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sicksicksick_N_tired Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-25-08 09:35 PM
Response to Original message
4. So, what? The tape of the proceeding wasn't buried with her, was it?
:shrug:

Yes, a transcript is absolutely necessary because without it no review can be conducted! Automatic reversal, at least!
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Manifestor_of_Light Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-25-08 09:43 PM
Response to Original message
5. Somebody else could transcribe her stenograph notes.
All I can figure out is that the judge is suppressing the transcript and not letting the notes be transcribed by someone else.

The judge in the Clarence Brandley case (wrongfully convincted black man in Conroe, TX) threatened the court reporter. It later came out that the judge threatened her and made her throw away evidence.

I was a court reporter for nearly 20 years, and this is inexcusable. If the original court reporter was alive and didn't do the transcript they would have been thrown in jail for not doing it, and given a typewriter, paper and carbon paper.
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sicksicksick_N_tired Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-25-08 09:54 PM
Response to Reply #5
6. They,...
,...generally speak to a tape recording and transcribe, these days.

You're right. Transcription is absolutely necessary. No conviction can stand without one.
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