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eBook details

• Title: Oregon v. Montgomery
• Author : Supreme Court of Oregon
• Release Date : January 18, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

This case presents a question of appellate criminal procedure: How does an indigent defendant obtain appellate review of a post-judgment circuit court order denying him a verbatim transcript at state expense? The defendant was convicted by jury of burglary in the first degree and was sentenced on January 20, 1981. On February 19, 1981, the defendant filed a notice of appeal. On March 9, 1981, the trial court granted defendant a partial transcript consisting only of jury instructions and the exceptions thereto. Defendant then moved the trial court for a transcript of the trial testimony to be provided at state expense. This motion was denied on March 12, 1981. On April 13, 1981, defendant petitioned this court for a writ of mandamus to compel the trial court to grant his motion for a more complete transcript. In the exercise of our discretion, Or Const Art VII, § 2, we denied defendants petition on June 17, 1981. Defendant then moved the trial court again for an order granting a transcript of testimony. On July 20, 1981, the circuit court again denied defendants request for a transcript at state expense. On August 3, 1981, the defendant petitioned this court for a second writ of mandamus. We denied the second petition for a writ of mandamus. Defendant then filed a petition for a writ of certiorari in the United States Supreme Court, which was denied on December 14, 1981.

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