JOHN WAYNE ODOM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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John Wayne Odom appealed his conviction after the trial court was unable to produce an adequate trial transcript due to defective court reporter materials and the death of the presiding judge. The appellate court reversed and remanded for a new trial, finding that the state could not provide legal justification for denying this relief.
The court reversed the judgment and remanded for a new trial, holding that when a trial transcript cannot be produced and no adequate substitute can be prepared, reversal and remand for a new trial is the appropriate remedy under Bashlor v. Wainwright.
[1] A court may reverse and remand for a new trial when a transcript cannot be prepared due to the unavailability or defective condition of the original reporter's notes and…
[2] Appellate courts may grant extensions of time for transcript preparation, but unreasonable delays can lead to sanctions.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“no transcript could be prepared. This court relinquished jurisdiction to the lower tribunal to permit the parties to attempt to prepare an acceptable substitute for the transcript.”
Describes the procedural steps taken when the original court reporter could not produce an acceptable transcript.
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Join FLexlaw to unlock all legal intelligenceOdom was convicted and sentenced on February 25, 1987. The original court reporter, Michele Cooper, was unable to produce a transcript despite receivi…
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PER CURIAM.
John Wayne Odom timely appealed a judgment and sentence rendered February 25, 1987. After court reporter Michele Cooper obtained extensions of time in excess of nine months and still could not produce a transcript, this court directed that the reporter’s notes and tapes be transferred to a senior reporter in the circuit for preparation of a transcript. That reporter, Diane Pate, sought an extension of time this court deemed unacceptable and a 90-day extension of time was granted. The chief judge of the circuit was directed to secure the services of any additional court reporters as necessary to complete the transcript in this case and others attended by the original court reporter. The concerned parties were advised to treat the transcripts on an emergency basis and notified that failure to have the transcripts timely completed could result in reversal and remand for a new trial.
Sometime later, Ms. Pate certified to this court that she was unable to produce an acceptable transcript from the materials given her. A hearing was held in the lower tribunal with all interested parties represented and Chief Judge Bower certified that, because of the condition of the tapes and notes, no transcript could be prepared. This court relinquished jurisdiction to the lower tribunal to permit the parties to attempt to prepare an acceptable substitute for the transcript. See Rule 9.200(b)(4), Florida Rules of Appellate Procedure. Chief Judge Bower subsequently issued an order which stated that because of the defective condition of the reporter’s tapes and notes and the death of Judge W.L. Bailey, who presided over Odom’s trial, no substitute for a transcript could be prepared. On receipt of this order, the Office of the Attorney General was directed to show cause, if there be any, why this cause should not be reversed and remanded for a new trial under the authority of Bashlor v. Wainwright, 375 So. 2d 871 (Fla. 1st DCA 1979). The state’s response concedes there is no legal cause why such relief should be granted and therefore we find we have no alternative but to REVERSE and REMAND for new trial.
SMITH, C.J., and MILLS and NIMMONS, JJ., concur.
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Edwards v. State, 546 So. 2d 1177 (Fla. 1st DCA 1989)…[*1178] PER CURIAM. Appellant seeks review of a judgment and sentence rendered in October, 1987. The court reporter who reported the trial was Michele Cooper and, as in Odom v. State, 534 So. 2d 851 (Fla. 1st DCA 1988), Chief Judge Bower has certified that no transcript of the proceedings or substitute therefor can be prepared. Accordingly, we find we must reverse and remand for a new trial. BOOTH, JOANOS and MINER, JJ., concur.…
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Brady Otis Byrd v. State, 546 So. 2d 1178 (Fla. 1st DCA 1989)…PER CURIAM. Appellant seeks review of a judgment and sentence rendered in December, 1987. The court reporter who reported the trial was Michele Cooper and, as in Odom v. State, 534 So. 2d 851 (Fla. 1st DCA 1988), Chief Judge Bower has certified that no transcript of the proceedings or substitute therefor can be prepared. Accordingly, we find we must reverse and remand for a new trial. BOOTH, JOANOS and MINER, JJ., concur.…
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Platt v. State, 592 So. 2d 1276 (Fla. 1st DCA 1992)…by a court reporter who is now deceased. The trial court judge has certified that a reconstructed record cannot be prepared despite good faith efforts to do so. Appellant now moves to reverse for a new restitution hearing pursuant to Odom v. State, 534 So. 2d 851 (Fla. 1st DCA 1988) and the state does not contest this point. Accordingly, this cause is REVERSED and REMANDED for a new restitution hearing. JOANOS, C.J., and ERVIN and ALLEN, JJ., concur.…
Authorities Cited
- R. J. K. v. State, 375 So. 2d 871 (Fla. 1st DCA 1979)