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Home / Opinion Digests / Criminal Practice / Criminal Practice — DWI – Mistrial & Retrial – Transcript Request – Alternative Evidence (access required)

Criminal Practice — DWI – Mistrial & Retrial – Transcript Request – Alternative Evidence (access required)

Where defense counsel waited until a week before defendant’s retrial to request the transcript from defendant’s previous mistrial, the trial court did not abuse its discretion by denying defendant’s request and his motion to continue. Defendant may assert a claim for ineffective assistance of counsel. In any event, defendant was present for both proceedings, and the ...

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