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GADD v. COMMONWEALTH, 2013-CA-002061-MR. (2015)

Court: Court of Appeals of Kentucky Number: inkyco20150123382 Visitors: 7
Filed: Jan. 23, 2015
Latest Update: Jan. 23, 2015
Summary: NOT TO BE PUBLISHED OPINION COMBS, Judge. Owen Gadd appeals the order of the Garrard Circuit Court pertaining to his demand for records of his trial. After our review, we affirm. This is a rather unusual case. Gadd filed numerous requests with the Garrard Circuit Court seeking a video or audio recording of his trial, which took place August 15-16, 2005. The record includes a full written transcript of the trial. On November 4, 2013, Gadd filed a motion asking for all recordings of his trial
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NOT TO BE PUBLISHED

OPINION

COMBS, Judge.

Owen Gadd appeals the order of the Garrard Circuit Court pertaining to his demand for records of his trial. After our review, we affirm.

This is a rather unusual case. Gadd filed numerous requests with the Garrard Circuit Court seeking a video or audio recording of his trial, which took place August 15-16, 2005. The record includes a full written transcript of the trial.

On November 4, 2013, Gadd filed a motion asking for all recordings of his trial and the name of the court reporter who produced the transcript. On November 13, 2013, the trial court entered an order as follows: "As indicated on the transcript, the Court Reporter was Lisa Arnold. A copy of the front page of the transcript is attached. This court has no other records to send to the Defendant." Gadd appealed this order.

There is no indication in the record that audio or video recordings of the trial exist. Gadd points out that there is a cassette tape labeled "Owen Gadd — Trial Tape." However, it is an exhibit of his interview with police during their investigation. There are video recordings of various hearings associated with the case. It appears that the circuit court has provided a complete record. In addition, the court otherwise affirmatively responded to Gadd's motion to obtain the name of the court reporter. Therefore, we are unable to discern any grounds to support vacating the order of the trial court.

We affirm the Garrard Circuit Court.

ALL CONCUR.

Source:  Leagle

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