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- Title
Blowing Away the Smoke: Revealing the Harm in State v. Gaddis’s Harmless Error Analysis.
- Authors
SILVER, DYLAN T.
- Abstract
For over fifty years, indigent defendants have had a due process right to a free transcript of previous court proceedings if they show that (1) such a transcript would help in their current trial or appeal, and (2) no available alternatives exist. Can a court deny a defendant’s request for a transcript with no discussion of either of these factors? In State v. Gaddis, the Supreme Court of North Carolina said yes—at least so long as the State presented “overwhelming evidence of guilt,” such that the erroneous transcript denial was “harmless.” This Recent Development argues that such a maneuver cheapens not only the right to a transcript, but the notion of a fair trial itself. It suggests that courts should instead treat erroneous denial of a transcript as structural error.
- Subjects
HARMLESS error (Law); DUE process of law; TRIAL transcripts; TRIALS (Law); LEGAL judgments; NORTH Carolina. Supreme Court
- Publication
North Carolina Law Review, 2024, Vol 102, Issue 4, p1259
- ISSN
0029-2524
- Publication type
Article