Delap v. State, 49166
| Decision Date | 29 September 1977 |
| Docket Number | No. 49166,49166 |
| Parties | David Ross DELAP, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida Supreme Court |
Elton H. Schwarz, Public Defender, Stuart and Craig S. Barnard, Asst. Public Defender, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., Tallahassee, for appellee.
We have for consideration the motion for new trial for inability to complete the trial transcript of David Ross Delap, who was convicted of murder in the first degree and sentenced to death by the Circuit Court in and for Okeechobee County.
Notice of appeal was filed with this Court from the final judgment of conviction and sentence of death. The trial judge entered an order for transcription of reporter's notes on May 25, 1976, directing the court reporter to transcribe and file his notes of the trial of the cause, beginning January 6, 1976, and ending January 10, 1976, but to exclude therefrom the voir dire examination of the jurors and the opening and closing statements of counsel. Thereafter, defendant filed a timely motion for supplementary transcription of the record requesting the trial court to direct the court reporter to transcribe his notes of the voir dire of the jury and closing arguments in both the trial and sentencing proceedings. On December 6, 1976, the trial court ordered the court reporter to transcribe the voir dire of the jury and closing arguments of counsel during trial and sentencing phases. A subsequent order was entered May 11, 1977, compelling the court reporter to file the transcript of the jury charge conferences, charge to the jury in both the trial and penalty phases, voir dire of the jury and closing arguments of counsel in both the trial and penalty phases, or to show cause why he should not be adjudged in contempt of court.
On June 11, 1977, the trial judge entered an order expressly stating:
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Delap v. Dugger
...case for a new trial because of the state's inability to provide a complete transcript of the trial for appellate review. Delap v. State, 350 So.2d 462 (Fla.1977). Delap was tried again, this time in Orange County, Florida, in the Ninth Judicial Circuit, because of extensive publicity. Dela......
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Reynolds v. State
...353, 356, 83 S.Ct. 814, 9 L.Ed.2d 811 (1963) (holding that a defendant is entitled to a full and fair appellate review); Delap v. State, 350 So.2d 462, 463 (Fla.1977) (remanding case for a new trial because full transcript of proceedings was unavailable for review by this Court). Although t......
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...hearing refutes the alleged factual distinctions. See Orme, 896 So.2d at 737. Finally, cases cited by Barwick, including Delap v. State, 350 So.2d 462 (Fla.1977), and Blalock v. Rice, 707 So.2d 738 (Fla. 2d DCA 1997), are distinguishable. Unlike Barwick's case, a new trial was warranted in ......
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Delap v. State
...1976. His conviction was reversed because of the state's inability to provide a sufficient transcript for appellate review. Delap v. State, 350 So.2d 462 (Fla.1977). After remand, venue was changed to Orange Sometime after 4:00 p.m. on June 30, 1975, the victim, Paula Etheridge, went to a l......
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