The following excerpt is from Madera v. Risley, 885 F.2d 646 (9th Cir. 1989):
In 1982 Madera was convicted of robbery and theft in a Montana state court and sentenced to fifty years' imprisonment. State v. Madera, 206 Mont. 140, 670 P.2d 552 (1983). During the trial, the state court did not record the voir dire, opening statements, closing arguments, bench conferences, jury charge, or the jury poll. Id. at 163, 670 P.2d at 564. Madera's counsel did not object to the lack of recording and affirmatively waived recording of voir dire and opening statements and closing arguments. Id. at 165, 670 P.2d at 564-65.
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