Does the failure to transcribe the contents of tapes played at trial affect a defendant's claim that there is insufficient evidence to convict?

MultiRegion, United States of America

The following excerpt is from U.S. v. Adamson, 59 F.3d 176 (9th Cir. 1995):

In United States v. Doyle, 786 F.2d 1440 (9th Cir.) cert. denied, 479 U.S. 984 (1986), tapes of conversations between the codefendants and a third party were played at trial, and the court reporter did not transcribe the tapes' contents. Like the Adamsons, Doyle claimed simply that "without knowing which portions of these tapes were played at trial, this court cannot adequately evaluate his claim that there was insufficient evidence to convict." Id. at 1442. The court disagreed, noting that the tapes were taken into the jury room, where the jury could listen to all or any portion of the tapes, and that the tapes were available as part of the record on appeal. Id. The failure to record the portions of the tapes played at trial thus did not preclude the court of appeals from determining their contents, and no reversible error occurred. Id.

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