Ex Parte White

Decided August 21, 1981

Supreme Court of Alabama · decided 1981-08-21

Key passage — most relied on by later courts

“The duty is not on the defendant to request a court reporter. He is entitled to a court reporter but can waive that right.”

quoted by 3 later decisions, including Fair v. City of Birmingham, 671 So. 2d 777 - Johnston v. City of Irondale

Relies on Aldridge v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-08-21

How this case has been cited

Cited by 12 later decisions — most recently August 2017

12 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1

¶2The duty is not on the defendant to request a court reporter. He is entitled to a court reporter but can waive the right. *293

¶3By denying the writ, we are not to be understood as approving the statement by the Court of Criminal Appeals that "[n]o violation of the guaranty of due process results from the failure to provide a court reporter to preserve a record of testimony in the absence of a request therefore," for which proposition that court cited Aldridge v. State, 278 Ala. 470,179 So.2d 51 (1965).

¶4WRIT DENIED.

¶5MADDOX, JONES, SHORES and BEATTY, JJ., concur.