State v. Ladson

644 S.E.2d 271, 373 S.C. 320, 2007 S.C. App. LEXIS 54
CourtCourt of Appeals of South Carolina
DecidedApril 9, 2007
Docket4232
StatusPublished
Cited by16 cases

This text of 644 S.E.2d 271 (State v. Ladson) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Ladson, 644 S.E.2d 271, 373 S.C. 320, 2007 S.C. App. LEXIS 54 (S.C. Ct. App. 2007).

Opinions

KITTREDGE, J.:

Travis Anthony Ladson was convicted of first-degree burglary following a three-day trial. Ladson was sentenced on November 10, 2004, to prison for a non-parolable term of twenty-five years. Ladson timely appealed his conviction and sentence. In accordance with standard procedure, Ladson promptly requested the transcript of the trial from the court reporter. Approximately ten months later, in August of 2005, the court reporter finally disclosed that there was no record of the trial court proceedings.

Because of the complete absence of a transcript, Ladson moved this court to reverse the convictions and sentences and for a new trial. Based on the State’s assurance that the record could be easily reconstructed, a judge of this court denied Ladson’s motion and remanded the matter to the trial court to reconstruct the record. More than a year after the trial, the trial judge convened a hearing with trial counsel in an effort to reconstruct the record.

We now have before us what the State contends is a reconstructed record of the trial court proceedings sufficient to permit appellate review. Ladson contends the conclusory and summary nature of the purported record on appeal does not permit meaningful appellate review. Because we find the reconstructed record insufficient for meaningful review of direct appeal issues, we reverse and remand for a new trial.

I.

On January 5, 2006, pursuant to this court’s order, the trial judge held a hearing to reconstruct the record for appeal.1 It [322]*322was clear from the outset of this hearing that reconstructing the record from scratch, after such a substantial delay, would be an uphill struggle. The State presented two affidavits from witnesses and “summarized” the testimony of the other witnesses.

The information provided by the State was conelusory. The State usually prefaced its recall of witness testimony with statements like “his testimony generally would be,” “he testified generally to the following,” and “the next witness ... will be by summation.” Ladson took issue with the State’s summary reconstruction of the record. The trial judge, noting that he no longer had his handwritten notes from the trial, typically would conclude with respect to a particular witness that the State presented “an accurate summation of the testimony,” or the State’s general description was “a correct summation of the testimony,” or “the summation presented by the State ... [was] a correct statement.”

When the State concluded its summary of the testimony of one witness, the trial court concurred with the summary as “an accurate reflection of her testimony,” and further held that the witness was “qualified as an expert in her field, and ... the court found her testimony to be credible.” The trial court then remarked, “I do not believe there was any question, at any point in time, as to the chain of evidence regarding these particular fingerprints.” The State corrected the trial court and noted that the witness was not qualified as an expert and further that Ladson’s trial counsel had preliminarily objected to the chain of custody. The trial court promptly agreed and explained the confusion by referring to another witness.

The State, too, had difficulty recalling the witnesses and the testimony. For example, the State had completely forgotten about one witness, whose identity was determined only by reference to Ladson’s trial counsel’s notes. As the Solicitor acknowledged, “the final witness that I have to admit I discovered from [Ladson’s trial counsel’s] notes.”

There is even a dispute as to whether Ladson testified in his own defense. Ladson claims he did not testify. The trial court found otherwise, noting the “court’s remembrance and [323]*323recollection that the Defendant was not credible, and did not help himself in his testimony before the jury.”

The trial court appeared equally confident that the jury returned its verdict the same day it began its deliberations: “My only recollection is that, after the court answered [a question from the jury], that the jury came out relatively soon after that with a verdict.” When confronted with a different recollection from Ladson’s counsel (claiming the jury was excused for the day and reached a verdict the following day), the trial court responded, “I usually require the jury to stay for as long as it takes [until it] come[s] back with a verdict. I don’t ever remember an occasion where I have allowed a jury to go home and come back.” The trial court’s recollection was proven faulty when the State called attention to the juror note dated November 9, 2004, and the jury’s verdict dated the next day, November 10.

The trial court and the State are confident that Ladson made timely objections at trial and moved for a directed verdict “based upon the evidence.” Presumably, the State believes these concessions enlighten Ladson and us to the specific issues to address on appeal.

On January 26, 2006, the trial court issued an “Order for the Record on Appeal.”

II.

Ladson maintains the reconstructed record does not allow for meaningful review of his direct appeal. The State disagrees and asserts this court should find the record adequate for appellate review of the claims Ladson raised at the reconstructed hearing.

It is clear from the record before us that all parties made a diligent effort to reconstruct the record. Despite these good faith efforts, the reconstructed record is largely conclusory, with testimony, objections, and the like recalled only in summary fashion. Thus, we must first determine the analytical framework for assessing the sufficiency of a reconstructed record, followed by a determination if the law warrants a new trial under the record before us.

[324]*324South Carolina jurisprudence recognizes the trial court’s authority to set the record for appeal. In China v. Parrott, 251 S.C. 329, 334, 162 S.E.2d 276, 278 (1968), our supreme court held that where a portion of the court reporter’s notes were lost, the trial judge properly considered affidavits from counsel and the court reporter in reconstructing the record. See also Koon v. State, 358 S.C. 359, 367, 595 S.E.2d 456, 460 (2004) (recognizing a court’s power to remand for a reconstruction hearing), overruled on other grounds by State v. Gentry, 363 S.C. 93, 105, 610 S.E.2d 494, 501 (2005); Whitehead v. State, 352 S.C. 215, 221, 574 S.E.2d 200, 203 (2002) (finding that when a transcript has been lost or destroyed, an appellate court may remand to have the record reconstructed); Dolive v. J.E.E. Developers, Inc., 308 S.C. 380, 383, 418 S.E.2d 319, 321 (Ct.App.1992) (holding trial court did not err in granting property owner’s request to reconstruct the record of zoning proceeding where portions of original tape of hearing were incapable of being transcribed).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Marvin Bryan
Court of Appeals of South Carolina, 2025
Herbert Smalls v. State
Court of Appeals of South Carolina, 2025
Urena v. Jackson
D. South Carolina, 2025
Michelle Capps v. Joseph Capps, Jr.
Court of Appeals of South Carolina, 2024
Adams v. Wise
D. South Carolina, 2022
State v. Seabrook
Court of Appeals of South Carolina, 2017
State v. Curry
Court of Appeals of South Carolina, 2016
State v. Ransom-Williams
Court of Appeals of South Carolina, 2016
Blue Ridge Electric v. Gresham
Court of Appeals of South Carolina, 2015
State v. Haygood
762 S.E.2d 69 (Court of Appeals of South Carolina, 2014)
Adams v. H.R. Allen, Inc.
726 S.E.2d 9 (Court of Appeals of South Carolina, 2012)
Parson v. State
Supreme Court of South Carolina, 2011
Smith v. Wilbanks
Court of Appeals of South Carolina, 2009
Brinton v. Halsey
Court of Appeals of South Carolina, 2008
State v. Serrette
654 S.E.2d 554 (Court of Appeals of South Carolina, 2007)
State v. Ladson
644 S.E.2d 271 (Court of Appeals of South Carolina, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
644 S.E.2d 271, 373 S.C. 320, 2007 S.C. App. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ladson-scctapp-2007.