State v. Ashe

In State v. Ashe, 314 N.C. 28, 34, 331 S.E.2d 652, 656 (1985), upon which Defendant relies, the trial judge "apparently felt that he could not grant the request" to view the transcript, because the transcript did not exist. Id. at 35, 331 S.E.2d at 656. The court stated: Folks, your note says the following: "Is it possible to have a copy of the transcript of Cate and Defendant's testimony." The answer to your question is yes, it's possible, but in my discretion I'm not going to do it for this reason; when we started the trial I told . . . each one of you to pay close attention to this to be able to recall the testimony for yourself. This is a court of record, but the transcript, if I were to order the court reporter to do one, probably wouldn't be ready until next Tuesday. It's not just a matter of typing; it's a matter of typing, proofing, editing, correcting because she has to certify it. So, I'm going to, in my discretion, deny the request, if that's what it is and have -- and remind you that it's your duty to recall the testimony of not only these but all the other witnesses as you deliberate on this matter.