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Posts tagged "Record"

Inadequate Record of the Evidence Results in Dismissal of Appeal

Evidence introduced in a criminal trial is usually preserved by a transcript of the witness testimony and preservation of exhibits. Using a good court reporter is the preferred and most reliable way of recording the witness testimony. However, if no court reporter is present to create a transcript of the testimony, it is still possible to file a written statement of the evidence, agreed to by the parties, with disputes resolved by the trial court judge. Though people convicted of a crime at trial have a right of appeal of that conviction, an appellate court can only review the case if there is a reliable record of what happened in the trial court. In the recent Tennessee case of State v. Reller, E2012-01842-CCA-R3-CD (Tenn.Crim.App. 8-6-2013), an appeal of a criminal conviction was dismissed because there was no transcript or statement of the evidence in the record for the appellate court to review.

Inadequate Record of the Evidence Results in Dismissal of Appeal

Evidence introduced in a criminal trial is usually preserved by a transcript of the witness testimony and preservation of exhibits. Using a good court reporter is the preferred and most reliable way of recording the witness testimony. However, if no court reporter is present to create a transcript of the testimony, it is still possible to file a written statement of the evidence, agreed to by the parties, with disputes resolved by the trial court judge. Though people convicted of a crime at trial have a right of appeal of that conviction, an appellate court can only review the case if there is a reliable record of what happened in the trial court. In the recent Tennessee case of State v. Reller, E2012-01842-CCA-R3-CD (Tenn.Crim.App. 8-6-2013), an appeal of a criminal conviction was dismissed because there was no transcript or statement of the evidence in the record for the appellate court to review.

Inadequate Record of the Evidence Results in Dismissal of Appeal

Evidence introduced in a criminal trial is usually preserved by a transcript of the witness testimony and preservation of exhibits. Using a good court reporter is the preferred and most reliable way of recording the witness testimony. However, if no court reporter is present to create a transcript of the testimony, it is still possible to file a written statement of the evidence, agreed to by the parties, with disputes resolved by the trial court judge. Though people convicted of a crime at trial have a right of appeal of that conviction, an appellate court can only review the case if there is a reliable record of what happened in the trial court. In the recent Tennessee case of State v. Reller, E2012-01842-CCA-R3-CD (Tenn.Crim.App. 8-6-2013), an appeal of a criminal conviction was dismissed because there was no transcript or statement of the evidence in the record for the appellate court to review.

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