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jockeyperry · #1 12-29-2010, 07:18 PM

Is it possible to view and read trial transcripts from the clerk of courts without purchasing copies?

justcurious2009 · #2 12-29-2010, 07:33 PM

Not sure about that but the defendant & other party(can't think of what its called right now) are both allowed copies maybe you can get copies made from the lawyer. Not sure if that helps or maybe you can call the court reporter where the trial was & speak to them about it.

Quote:

Originally Posted by jockeyperry

Is it possible to view and read trial transcripts from the clerk of courts without purchasing copies?

Colorado_Lawyer · #3 12-29-2010, 10:03 PM

If the appellate attorneys do not want to let you look at them, then you have to purchase from the court reporters. Sometimes, after the appeal is over, the transcripts are filed with the rest of the record in state court, and you can go down and read them at the courthouse with the rest of the court file. It kind of depends on the procedures in that particular clerk's office. But, it would not hurt to go down there and see what you can find out.

Rankin Johnson · #4 01-06-2011, 09:28 PM

If the transcript has been prepared, the court reporter might be willing to e-mail a copy. Court reporters e-mail me copies routinely, but that is after I, or maybe the court, have already paid for one copy. The attorney might get a better response to that request than a member of the client's family, but that depends on the reporter.
/s/ Rankin Johnson IV

jockeyperry · #5 02-10-2011, 11:30 PM

So I went down to the courthouse to view his transcripts. I was told everything was sent to the appeals court and I would have to go there to view them. I later went to the appeals court to view the file. While I was reading through everything, I noticed about half of the records were missing.

Is it possible that the appellate attorney has parts of the transcripts? The clerks say everything was sent to the appeals. The appeals court says the clerks have to send the rest. I'm confused. My bf is frustrated. Will the appellate lawyer realize there are parts missing if he hasn't already?

Paralegal USA · #6 02-11-2011, 03:40 AM

Sounds as though the appellate attorney did not request all records. In Florida, appellate counsel instructs court clerk and stenographer which parts of record he/she wants for the appeal (see, generally, Florida Rules of Appellate Procedure 9.900).

jockeyperry · #7 02-11-2011, 12:06 PM

does the attorney have the ability to check out parts of the transcripts from the appeals file? Just wondering if this could be the reason why some of the records are missing.

I would be very surprised if the attorney only requested some of the transcripts. The parts that are missing is a pretrial motion and testimony from 1 officer. Those parts are detrimental to his appeal. In fact, they pertain to the main points of his appeal.

yourself · #8 02-11-2011, 02:42 PM

the appeals I've done, I get the entire record. That official record is submitted to the appellate court at the same time as my initial brief. My failure to include the entire record would get me a great deal of grief. But, that's Illinois. Paralegal just told you under FL rules, the appellate attorney only request the parts of the transcript that are relevant. I'd assume there are just as many permutations of how the courts handle the record as there are courts. You need to either check the local rules of the court in question and any governing statute, or contact the appellate attorney.

4us4ever · #9 02-12-2011, 03:01 PM

Quote:

Originally Posted by jockeyperry

does the attorney have the ability to check out parts of the transcripts from the appeals file? Just wondering if this could be the reason why some of the records are missing.

I would be very surprised if the attorney only requested some of the transcripts. The parts that are missing is a pretrial motion and testimony from 1 officer. Those parts are detrimental to his appeal. In fact, they pertain to the main points of his appeal.

That is the same situation we r in,except all of my Fiance's property was sent to me as per his wishes and I'm his power of attourney.I spoke to his appelate att. and he informed me that there was transcript missing that the courts had 60 days to send and that was up on Feb.1.I told him I had all the files on his case only to discover that I didn't.I said I would send them to him,he said that would help.Now who should I contact and is it legal for them to withhold them and 4 how long?

4us4ever · #10 02-12-2011, 03:04 PM

Quote:

Originally Posted by jockeyperry

does the attorney have the ability to check out parts of the transcripts from the appeals file? Just wondering if this could be the reason why some of the records are missing.

I would be very surprised if the attorney only requested some of the transcripts. The parts that are missing is a pretrial motion and testimony from 1 officer. Those parts are detrimental to his appeal. In fact, they pertain to the main points of his appeal.

What now?

Colorado_Lawyer · #11 02-13-2011, 10:23 AM

I don't understand your question. The appellate attorney has the responsibility to make sure that all the necessary parts of the Record are transcribed, certified by the court reporter and transmitted to the court of appeals. I am sure he will do this, but it takes time.

Quote:

Originally Posted by 4us4ever

What now?

Rankin Johnson · #12 02-13-2011, 01:55 PM

Quote:

Originally Posted by 4us4ever

That is the same situation we r in,except all of my Fiance's property was sent to me as per his wishes and I'm his power of attourney.I spoke to his appelate att. and he informed me that there was transcript missing that the courts had 60 days to send and that was up on Feb.1.I told him I had all the files on his case only to discover that I didn't.I said I would send them to him,he said that would help.Now who should I contact and is it legal for them to withhold them and 4 how long?

As Yourself said, every court probably does this differently. In Oregon, I typically request the entire record, but court reporters sometimes don't prepare the parts of the record that are almost never important, like arraignment or scheduling conferences. If I complain, I can probably get the record, but unless I have specific information why I need more record, it's not worth the delay to get it. Further, if the court is paying for the transcript, I need to make a specific showing to get some parts, such as voir dire.

If I'm handling a case on appeal, it usually wouldn't help me to have family members tell me about record that I might be missing. But on occasion it might help, and it wouldn't do any harm to tell the attorney about parts of the record that are important in this particular case but might be missed. Once you've done that, there probably isn't more to do. Preparing the record is often slow, but I'm not going to call the transcriptionist and complain without a very good reason. I work with transcriptionists all the time, I want to have a good relationship with them, and they're busy. At some point, I suppose I'd be concerned enough about delay to complain, but not after a week or two. The time to prepare the transcript is usually a pretty small part of a two-year appeal.

/s/ Rankin Johnson IV

jockeyperry · #13 02-14-2011, 01:19 PM

Quote:

Originally Posted by Rankin Johnson

If I'm handling a case on appeal, it usually wouldn't help me to have family members tell me about record that I might be missing. But on occasion it might help, and it wouldn't do any harm to tell the attorney about parts of the record that are important in this particular case but might be missed.
/s/ Rankin Johnson IV

I am wondering why it wouldn't help if the family points out that parts that are very important to the appeal are missing? The reason for me asking is because I completely understand that public defenders are very busy and if they are reviewing the record thoroughly I can understand they would find the missing parts themselves, but would an appellate lawyer write a brief without reviewing all the appeal grounds first? In my situation, my bf is concerned that the appellate lawyer will write his brief and completely leave out his motion to suppress argument because those are the transcripts that are missing from the file.

Colorado_Lawyer · #14 02-14-2011, 08:33 PM

Your boyfriend needs to write to the appellate attorney and advise him of the suppression issue, and that the transcript of the hearing is missing from the Record. IF (and I mean IF) the appellate attorney thinks it is an issue worth pursing, then the appellate lawyer will make sure the Record is completed. Sometimes, the client's and attorney's opinion of the strength of an appellate issue differs dramatically.

jockeyperry · #15 02-14-2011, 10:58 PM

Yes, this is what he did. He sent the attorney a letter.

Rankin Johnson · #16 02-14-2011, 11:18 PM

Quote:

Originally Posted by jockeyperry

I am wondering why it wouldn't help if the family points out that parts that are very important to the appeal are missing?

Usually it wouldn't help because a good appellate attorney is better at identifying the issues than a nonattorney. But, as I said, occasionally it would help, and sending a letter to the attorney might help occasionally and won't hurt. A motion to suppress hearing is something that I'd always want to see as part of doing the appeal, and I'd always be glad to learn about it, especially if for some reason I might have missed it. I shouldn't miss it, but anything's possible.

/s/ Rankin Johnson IV

jockeyperry · #17 03-01-2011, 10:45 PM

Once the initial brief is completed, will this be included in the appeal file for public viewing?

Chocos029 · #18 03-02-2011, 10:26 PM

Hello everyone Im new to this site I am trying to find a way to help my man that is currently incarcerated at Clayton County Prison in Lovejoy, Ga. He was transfered there from Kilby Correctional Facility in Mt. Meigs,AL. The problem is he was never supposed to serve time in Ga., because when he was sentenced to serve a 15 year sentence for the Al charges, Ga ran the 12 year sentence concurrent with the Al, plus he was granted time served as well. Well somehow the judge failed to write on his final disposition that the Ga time was ran together so now he's serving time that he's not supposed to be doing. Now the major at the Ga facility told my bf to get his transcripts to show that the time was ran concurent but still no release! My boo made parole at Kilby on June 9, 2010. I just don't know what to do now....please can anyone help with any info with this issue? I have faith the Lord will send him home and direct someone to this matter. Thanks for your attention and God Bless.

Colorado_Lawyer · #19 03-03-2011, 01:53 AM

You need the transcript of the sentencing hearing at the Georgia case. Contact the clerk of the court where he was convicted in Georgia and ask what the requirements are to request a transcript. Sometimes, you need to fill out a particular form; sometimes you need to contact the court reporter directly, etc. Then, request the transcript for the sentencing hearing (you will nee your boyfriend's name, case number and the date of the sentencing hearing). You will probably have to pay for this, anywhere from 50 cents to $2 per page. This will be worth it for you to do, so your boyfriend can submit a copy of the transcript along with his request to have his time recalculated to reflect the actual court order.

friendofPooh · #20 03-08-2011, 11:56 AM

My friend is serving a life sentence in Florida. He says that his sentence is too harsh based on his record and sentencing guidelines and wants to appeal. He has no money and he has been down 10 years. Can someone give me some direction please. Approximately how much would it cost for someone just to look at the case and see what his options are. Is an appeal something that really needs to be done by an attorney or can a paralegal or the inmate himself do it.

friendofPooh · #21 03-08-2011, 11:56 AM

My friend is serving a life sentence in Florida. He says that his sentence is too harsh based on his record and sentencing guidelines and wants to appeal. He has no money and he has been down 10 years. Can someone give me some direction please. Approximately how much would it cost for someone just to look at the case and see what his options are. Is an appeal something that really needs to be done by an attorney or can a paralegal or the inmate himself do it.

Colorado_Lawyer · #22 03-08-2011, 12:07 PM

If he has been in for 10 years, then he has very little options. If his sentence is actually illegal (which is different than just too harsh), then maybe a post conviction motion can be filed, but I am unfamiliar with what the time limits are for Florida.

He can do it pro se, but pro se motions are rarely granted. A paralegal can help him, but cannot practice law without a license. It is better to have an attorney. Sometimes I charge as little as $1500 in cases like your friends to review all of his materials and tell him what (if any) options he has.

nithtmare · #23 03-08-2011, 04:36 PM

my son's guidelines were a low of 11 months and a high of 2 years and 7 months. The judge sentenced him to 31 years and suspended all but eight because he owed child support. He was taken into court while in county for the $400.00 credit card thief and fraud and walking into a unsecured chicken house used for starage and taking a generator valued by the court at $10.00. He had a sentence of 90 days for child support. So he got sentenced pretty much for the child support on top of the sentence for child support awaiting him after he served the time for the credit cards. The attorneys didn't ask about a appeal for the excessive sentence and even though he requested copies of the transcripts, No one requested them. not the court, not the attorneys. I ended up buying the transcripts myself. Should the attorneys have asked him about a appeal. one of them said he would put in for a sentence reduction but the judge didn't usually even look at them.

Colorado_Lawyer · #24 03-08-2011, 10:35 PM

If this were Colorado, and I were the trial attorney, I would have filed a notice of appeal to have the Court of Appeals review the excessive sentence. I think it was per se ineffective assistance of trial counsel to not file the notice of appeal and perfect the appeal to preserve your son's rights if your son wanted to appeal the sentence.

nithtmare · #25 08-10-2012, 10:05 AM

the lawyer said he could not appeal because he pled quilty based on the 2 year 7 month high quidelines. The judge pretty much read his presentence report out in open court which i felt was completely out of line. There was n reason to name the mother of his children and the fact that " to whom i take it you were not married to". The court appointed attorney has been admolished twice for not filing appeals. My son kept asking for copies which the court or the attornies never requested. I ended up buying them myself. He never told us we could appeal the excessive sentence. The judge also signed a wavier that he could charge more that the indigent fee, so he has about $6000 in court fines when he gets out. The total credit card thief/fruad was 400.00 and has been paid. I have lost All faith in the justice system....