NCJ Number
77851
Journal
Case and Comment Volume: 86 Issue: 3 Dated: (May-June 1981) Pages: 14,16,18,20-21
Date Published
1981
Length
5 pages
Annotation
This article discusses the importance of establishing an accurate record of trial court proceedings to ensure the existence of a proper basis for subsequent appeals; the attorney's role in the development of the record is emphasized.
Abstract
From the moment counsel enters a criminal case, an appeal must be an ever present consideration. Nevertheless, countless criminal appeals have been lost because the trial counsel unintentionally waived the client's appellate rights. An appellate court can review a case only to the extent permitted by the trial record. The trial may have been filled with reversible error, but if the error is not reflected in the clerk's or reporter's transcripts the appellate court cannot act. It is trial counsel's obligation to ensure that everything of significance is included in the record. Failure to object to a ruling or a procedure will usually constitute a waiver of that point. Therefore, trial counsel must object clearly to any questionable events before, during, and after the trial. Specific grounds for objection must be set forth. In addition, the trial attorney must request on the record that the judge rule on the motion. Counsel should describe for the record significant events occurring during the trial, such as a witness shaking his head. If counsel has evidence to present but the court rules it inadmissible, counsel must make an offer of proof outside the jury's presence in order to preserve the issue for appeal. Trial counsel must also move for introduction into evidence of all matters previously marked for identification. Failure to so move will eliminate consideration of the evidence by an appellate court. Counsel should request the reporter's presence at any conference in the judge's chambers or at the bench. Finally, specific exceptions to jury instructions should be recorded. Three footnotes are included.