While convicted murder Harlow Cuadra waits to find out if he can even have an appeal... the following was filed by the Superior Court of Pennsylvania on August 5, 2009:
Notice to Lower Court Regarding Delinquent Record
Comment: Overdue record notice and letter requesting the record be transmitted per Rule 1935(a) fowarded to the trial court.
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Sounds like the Original Record hasn't been received... it was due by June 8, 2009. I'd say it's more than a little late, but then again... with Harlow getting new counsel, the Prosecution asking for more time, and then the Defense asking for more time too... is it really any wonder?
Notice to Lower Court Regarding Delinquent Record
Comment: Overdue record notice and letter requesting the record be transmitted per Rule 1935(a) fowarded to the trial court.
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Sounds like the Original Record hasn't been received... it was due by June 8, 2009. I'd say it's more than a little late, but then again... with Harlow getting new counsel, the Prosecution asking for more time, and then the Defense asking for more time too... is it really any wonder?
Wasn't the original transcript transcribed from the Court Reporter's notes?... or is there some other "original transcript"?
ReplyDeleteOr are they actually refering to the list of trial errors to be protested as prepared by the trial attorney? THAT could very well be in pieces scattered over several offices.
Wasn't the original transcript transcribed from the Court Reporter's notes?...
ReplyDeleteThat's correct, but they're not notes. Some court reporters use a shorthand machine (I've forgotten the correct name) and others use some form of tape recording -- or a combination of both. The written record is transcribed from those sources and it can be time-consuming and tedious for a long trial. That's especially the case where court reporters are overworked, which is common nowadays. In fact, there's a serious shortage of court reporters.
I just remembered. The court reporter's shorthand machine is called a stenotype.
ReplyDeletePC -- I'm a little confused. Is the "Original Record" something different than the trial transcript?
ReplyDeleteFannick was given an extension to go through the trial transcript, so I'm starting to think the Original Record might be something else.
"pizzaman said...
ReplyDeletePC -- I'm a little confused. Is the "Original Record" something different than the trial transcript?"
Yes...
The original record is simply the notice that is filed so the Superior Court can issue a number and request when they would like certain documents due.
Generally, the local court does not send all of their papers until the record is complete, i.e. all opinions are filed which could be quite a long time depending on the judge.