Does a defendant have a right to a record on appeal which includes a complete transcript of the proceedings at trial?

MultiRegion, United States of America

The following excerpt is from U.S. v. Wilson, 16 F.3d 1027 (9th Cir. 1994):

"A criminal defendant has a right to a record on appeal which includes a complete transcript of the proceedings at trial." United States v. Carrillo, 902 F.2d 1405, 1409 (9th Cir.1990). Although this right is statutorily guaranteed by the Court Reporters Act, 28 U.S.C. Sec. 753(b)(1), a court reporter's failure to record all proceedings verbatim does not necessarily require reversal. Carrillo, 902 F.2d at 1409. Rather, the defendant must demonstrate "specific prejudice" resulting therefrom. Id. at 1409-10. Where the trial court has certified the accuracy of the record, however, specific prejudice will not be found absent a showing that the certification is clearly erroneous. Id. at 1410.

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