People v. Reese

by
In People v. Hosner, the Supreme Court held that an indigent criminal defendant facing retrial is presumptively entitled to a full and complete transcript of the prior proceedings. Defendant in this case was an indigent pro se defendant charged with making criminal threats, among other offenses. A jury deadlocked on the charges, the court declared a mistrial, and retrial was set. At a pretrial hearing, the trial court granted Defendant’s motion for a “complete record of trial transcripts.” Defendant received a transcript that included all witness testimony from the first trial but omitted the opening statements and closing arguments. The court then denied Defendant’s request for a transcript of the opening statements and closing arguments. After a trial, the jury found Defendant guilty as charged. The Court of Appeal affirmed, holding that Hosner’s presumption applies only to transcripts of witness testimony and not to transcripts of opening statements and closing arguments. The Supreme Court affirmed on different grounds, holding (1) a defendant facing retrial is presumptively entitled to a full transcript of the previous trial, including opening and closing statements; (2) when a defendant is denied only a portion of the transcript, the harmless error rule applies; and (3) the error was harmless in this case. View "People v. Reese" on Justia Law