Legal Question in Criminal Law in Nebraska
court transcripts
My boyfriend charges with 2nd degree arson, is in the correction center. He appealed and lost. He wants a copy of his transcripts for his legal aide at the center. He wrote the courts in the town where this happened, and the judge refused. The judge said since his lawyer that handled the case had a copy he didn't need one. Does he have to right to his transcripts?
1 Answer from Attorneys
Re: court transcripts
Court transcripts are the record of the judge's actions, as well as the motions and pleadings in the case. Simply put it is the "court file" and not the record of the testimony or arguments at trial or any hearings in the case.
The transcript can be checked out of the clerk of the court's office by an attorney admitted to the court.
In Nebraska, the record that the court reporter makes of what is said in court is called a bill of exceptions. The lawyer will ask the court reporter to make a typed (word processed now) copy of what everyone said.
If there was an appeal, his attorney should have a copy of the bill of exceptions, or he should be able to have an attorney check the court copy out for him.
He should be able to contact his previous attorney and get a copy of all of the papers in his file. That may include photocopies of the transcript and the bill of exceptions but may not. The attorney can charge a reasonable fee for the copies. Your boyfriend may also be able to get the court to allow the expenses if he files an in forma pauperis petition for post conviction relief, but that puts the cart before the horse a bit.