131 So. 3d 1013
La. Ct. App.2013Background
- Defendant Shawn Murphy pled guilty to possession of cocaine under Crosby.
- Procedural history: pretrial motions to suppress were denied without a hearing as untimely.
- On first appeal, this Court held the suppression-denial without an evidentiary hearing was error and remanded for a suppression hearing.
- A February 10, 2010 evidentiary hearing occurred; defendant later sought an out-of-time appeal which the Supreme Court ordered.
- During the suppression hearing, the court reporter’s equipment malfunctioned, omitting portions of cross-examination and related proceedings, yielding an incomplete transcript.
- This Court vacated the judgment denying suppression and remanded for a new, fully recorded suppression hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the incomplete transcript violated appellate rights. | Murphy asserts right to appellate review requires complete record. | Incomplete transcript prevents meaningful review by appellate counsel. | Yes; record incomplete, appellate review cannot proceed. |
Key Cases Cited
- State v. Deruise, 802 So.2d 1224 (La. 2001) (complete record required for appeal when trial counsel not present)
- State v. Lampkin, 119 So.3d 158 (La. App. 5th Cir. 2013) (complete recording of proceedings necessary for review)
- State v. Ford, 338 So.2d 107 (La.1976) (new, fully-recorded hearing may be required to safeguard appeal)
- State v. Thetford, 445 So.2d 128 (La. App. 3rd Cir. 1984) (incomplete record can render appellate review meaningless)
- State v. Archie, 462 So.2d 248 (La. App. 4th Cir. 1984) (remand when necessary to preserve appellate rights)