McSherry v. Peckham

2 Citing cases

  1. Bradley v. Hazard Technology

    340 Md. 202 (Md. 1995)   Cited 41 times
    Holding that an incomplete transcript by itself does not merit a new trial unless the individual harmed demonstrates that the error was significant

    Courts in several other states that have faced the issue concur that unavailability of a complete trial transcript for appeal does not per se entitle a losing party to a new trial. See Kay v. Kay, 277 A.D. 797, 97 N.Y.S.2d 607 (1950) (holding that appeal could proceed on record reconstructed by parties with the aid of the judge after court reporter died); Lidgerwood Mfg. Co. v. Rogers, 56 N.Y. Sup. Ct. 350, 4 N.Y.S. 716 (1889) (no right to new trial where court stenographer's death made trial transcript unavailable); Hoffart v. Lindquist, 182 Or. 611, 189 P.2d 592 (1948) (no automatic right to new trial when court reporter's shorthand notes were lost); McSherry v. Peckham, 50 R.I. 473, 149 A. 380 (1930) (unavailability of trial transcript due to death of court stenographer did not entitle appealing party to new trial); Southern Pine Lumber Co. v. Martin, 118 S.C. 319, 110 S.E. 804 (1922) (same). See generally, Edward L. Raymond, Jr., Annotation, Court Reporter's Death or Disability Prior to Transcribing Notes as Grounds for Reversal or New Trial, 57 A.L.R.4th 1049 (1987 Supp. 1994) (discussing various approaches taken by courts in cases where a full transcript is unavailable).

  2. State v. Walker

    667 A.2d 1242 (R.I. 1995)   Cited 9 times
    Declining to apply Barker test and expand the applicability of a speedy trial right to delay appellate proceedings

    We find no error in the proceedings as undertaken by the trial justice to complete and certify the trial court record. In fact, we note that his proceedings were not only in accord with Rule 10(c) but also in substantial accord with precedential decisions of this court that predate adoption of our Rule. Baffoni v. Baffoni, 76 R.I. 291, 69 A.2d 503 (1949); McSherry v. Peckham, 50 R.I. 473, 149 A. 380 (1930). The United States Supreme Court in Draper v. Washington, 372 U.S. 487, 499, 83 S.Ct. 774, 780-781, 9 L.Ed.2d 899, 908 (1963), has held that a defendant in a criminal case on appeal must be furnished with a record of sufficient completeness to permit full and fair appellate review of his or her appellate claims.