George v. State

Summary

The Arkansas Supreme Court considers a renewed motion for a rule on clerk concerning a transcript prepared by an uncertified court reporter. The court holds that the trial court’s finding of sufficient accuracy and the prosecuting attorney’s affidavit certifying the transcript satisfy the applicable requirements, and it grants the motion despite defense counsel’s refusal to certify the transcript.

Holdings

1. The trial court's finding that the transcript was sufficiently accurate for appeal purposes, together with the prosecuting attorney's affidavit certifying it as a fair and accurate record, satisfied the requirements established in Mitchell v. State. The Supreme Court therefore granted the renewed motion for a rule on clerk.
2. George was not granted a new trial; the court resolved the matter by granting the motion for a rule on clerk and directing acceptance of the transcript.

Questions Presented

1. Whether a transcript prepared by an uncertified court reporter may be accepted and filed when the trial court has found it sufficiently accurate and the prosecuting attorney has certified it as a fair and accurate record, despite defense counsel's refusal to certify it.
2. Whether George was entitled to a new trial because defense counsel could not certify the transcript's accuracy.

Disposition

writ_granted