WHAT HAPPENS ON APPEAL WHEN THERE IS NO TRANSCRIPT OF AN ERROR?
Posted by Ben Sessions | | Uncategorized
SO, THE JUDGE MADE A CLEAR ERROR DURING JURY SELECTION AND DID NOT STRIKE A JUROR THAT SHOULD HAVE BEEN STRUCK FOR CAUSE. EVERYONE PRETTY MUCH AGREES ABOUT WHAT WENT ON, BUT THERE IS NO TRANSCRIPT OF THE PROCEEDINGS. WHAT HAPPENS ON APPEAL WHEN THERE IS NO TRANSCRIPT OF AN ERROR?
When there is no transcript of an error, and the error is appealed from the trial court. The alleged error (and I say alleged because there really is no proof about what really happened) is undoubtedly going to be affirmed.
The general rule regarding the requirement of a transcript in order to show an alleged error is:
Further, although the trial court’s order denying Early’s motion for new trial on all grounds states that a hearing was held on the motion on July 19, 1994, we have ascertained that the hearing was not transcribed. Accordingly, we are unable to address this enumeration because we have no transcript of the hearing in the record. “Absent a transcript, we must assume the ruling of the trial court is supported by the evidence.” (Citation and punctuation omitted.) Jackson v. State, 205 Ga.App. 827, 829, 424 S.E.2d 6 (1992).
Early v. State, 218 Ga. App. 869, 870, 463 S.E.2d 706, 708 (1995).
Preserving error for a potential appeal is an important skill for every trial lawyer. If you hope to obtain post-conviction relief, you absolutely must have a transcript.
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