Criminal Procedure > Jury Instructions > Specific Instructions > Credibility
Rather, the defendant must present that the lacking report resulted in prejudice. The court docket noted that the absence of a complete transcript doesn’t prejudice a defendant when alternates are available that fulfill the perform of a transcript and supply the defendant with a significant enchantment.
The Surety’s authentic motion contained a duplicate of the initial warrant for arrest in the case, not the order for arrest issued after the failure to appear. A bond forfeiture continuing, while ancillary to the underlying felony continuing, is a civil matter to which the Rules of Civil Procedure apply.
A trial courtroom could take judicial notice of earlier proceedings in the identical case, including matters within the file not offered into evidence. Here, the trial courtroom took judicial notice of a fact past a reasonable controversy. It is undisputed that the defendant was served with the order for arrest earlier than the 150-day deadline for filing a notice to set aside a forfeiture expired and the trial court docket connected the order for arrest as an exhibit to the courtroom’s order. The trial court docket didn’t err by assigning legal professional’s fees to the judgment in opposition to the defendant for possession of a firearm by a felon, the fee of which was a condition of the defendant’s probation for that conviction.
The defendant claimed this failure violated her proper to effective appellate review, effective help of counsel, due strategy of regulation, and equal safety. The courtroom disagreed, concluding that the unavailability of a verbatim transcript doesn’t automatically represent error.
Under these rules, depart to amend a pleading shall be freely given besides when the objecting celebration can present materials prejudice. In this case no undue prejudice was shown; in so holding the court docket famous that the Surety supplied to pay the Board’s attorney’s fees incurred in connection with the hearing. The trial courtroom didn’t err by permitting the Surety’s movement to set aside a bond forfeiture. The movement to set aside asserted as a reason that the defendant had been served with an order for arrest for the failure to seem on the legal charge as evidenced by a duplicate of an official court document. The court docket first concluded that within the bond forfeiture continuing, the trial courtroom didn’t err by taking judicial discover of the file as evidence that the defendant was served with the order of arrest.
The defendant argued that the charges should have been assigned to the judgment for discharging a weapon into an occupied dwelling, for which the defendant received a jail sentence and the fees would have been docketed as a civil lien. The court docket rejected the defendant’s argument that she was entitled to a brand new trial as a result of lack of a trial transcript. After being given quite a few extensions, the court reporter failed to produce a trial transcript.
Here, the events had been in a position to reconstruct the testimonial proof than other trial proceedings. The narrative stipulated to by the events incorporates sufficient proof to grasp all the problems introduced on enchantment.