Ex Parte White

Supreme Court of Alabama

Ex Parte White

403 So. 2d 292

Supreme Court of Alabama·Decided August 21, 1981·No. 80-689·Published·Cited by 13 cases

Opinion

The duty is not on the defendant to request a court reporter. He is entitled to a court reporter but can waive the right. *Page 293

By denying the writ, we are not to be understood as approving the statement by the Court of Criminal Appeals that "[n]o violation of the guaranty of due process results from the failure to provide a court reporter to preserve a record of testimony in the absence of a request therefore," for which proposition that court cited Aldridge v. State, 278 Ala. 470,179 So.2d 51 (1965).

WRIT DENIED.

MADDOX, JONES, SHORES and BEATTY, JJ., concur.

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The duty is not on the defendant to request a court reporter. He is entitled to a court reporter but can waive the right. *Page 293

By denying the writ, we are not to be understood as approving the statement by the Court of Criminal Appeals that "[n]o violation of the guaranty of due process results from the failure to provide a court reporter to preserve a record of testimony in the absence of a request therefore," for which proposition that court cited Aldridge v. State, 278 Ala. 470,179 So.2d 51 (1965).

WRIT DENIED.

MADDOX, JONES, SHORES and BEATTY, JJ., concur.

Ex Parte White, 403 So. 2d 292 (Ala. 1981).

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Opinion

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