Pharr v. State
| Decision Date | 17 June 1969 |
| Docket Number | 1 Div. 241 |
| Citation | 227 So.2d 439,45 Ala.App. 152 |
| Parties | James Lee PHARR v. STATE. |
| Court | Alabama Court of Appeals |
John Coleman, Mobile, for appellant.
MacDonald Gallion, Atty. Gen., and Herbert H. Henry, Asst. Atty. Gen., for the State.
This is an appeal from a judgment of conviction of burglary in the second degree, carrying a penitentiary sentence of ten years.
We have only the record proper (or common law record) before us. The sole point claimed as error, is that after nine extensions of time, the circuit court reporter has failed to render a transcription of his shorthand notes of the testimony given at the trial.
The trial judge supervises the court reporter. Inasmuch as the circuit judge is the appointing authority, he holds the ultima ratio to persuade. See Michie's 1958 Code, T. 13, §§ 261--270(1c); also T. 7, § 827(5).
The instant record contains no indication that the court reporter was granted a tenth or further extension. Therefore, the circuit clerk was within his rights (and hence duty bound) to send the record up in its present attenuated condition.
If the notes are lost or otherwise not forthcoming, Michie's Code, T. 7, § 827(3), affords an alternative. Pritchett v. State, 40 Ala.App. 498, 117 So.2d 345. See also Birdsell v. State, 41 Ala.App. 418, 133 So.2d 692, as to use of a tape recorder.
No claim has been made that Pharr is or was an indigent. Hence, we hold that Griffin v. Illinois, 351 U.S. 12, 76 S.Ct. 585, 100 L.Ed. 891, does not affect this appeal.
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Carter v. State
... ... See, Pope v. State, Ala.Cr.App., 345 So.2d 1381-1390 (1976-77); Smith v. State, Ala.Cr.App., 346 So.2d 463-465 (1976). We pointed out in the first Pope opinion that, as the appointing authority, the circuit judge has a duty to see that the court reporter functions properly, citing Pharr v. State, 45 Ala.App ... 152, 227 So.2d 439 (1969). However, we do not find that the trial courts' granting of numerous extensions of time for court reporters to prepare transcripts of the evidence is per se an abuse of the trial courts' discretion. In the instant case, each order of the trial ... ...
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State v. Murphy, CR-07-1218.
...reporter. Inasmuch as the circuit judge is the appointing authority, he holds the ultima ratio to persuade." Pharr v. State, 45 Ala.App. 152, 153, 227 So.2d 439, 439 (1969). See also 82 C.J.S. Stenographers § 11 (2008). In White v. State, 55 Ala.App. 126, 313 So.2d 553 (Ala.Crim.App.1975), ......
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Populus v. State
...judge for a show cause order against the court reporter of instant concern. As the former Court of Appeals said in Pharr v. State, 45 Ala.App.152, 227 So.2d 439: 'The trial judge supervises the court reporter. Inasmuch as the circuit judge is the appointing authority, he holds the ultima ra......
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White v. State, 7 Div. 320
...to issue from the cognizant circuit judge directing appropriate action from the court reporter. This is implicit from Pharr v. State, 45 Ala.App. 152, 277 So.2d 439 and Populus v. State, 48 Ala.App. 686, 267 So.2d 477. Had the circuit judge denied this relief then a supervisory writ from th......