Britt v. North Carolina

United States Supreme Court

404 U.S. 226

Britt  v.  North Carolina

Certiorari to the Court of Appeals of North Carolina

No. 70-5041  Argued: October 14, 1971 --- Decided: December 13, 1971

Petitioner was convicted of murder a month after his previous trial had ended with a hung jury. Both trials took place in a small town before the same judge and with the same counsel and court reporter, who (as was conceded) was well known to defense counsel and other local lawyers and would have read back his notes to defense counsel before the second trial had he been asked to do so. Between the two trials petitioner, alleging indigency, filed a motion for a free transcript, which the trial court denied. The appellate court affirmed the conviction, holding that an adequate alternative to the transcript was available.

Held: In the narrow circumstances of this case, a transcript was not needed for petitioner's defense. Pp. 227-230.

8 N.C. App. 262, 174 S.E. 2d 69, affirmed.

MARSHALL, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART and WHITE, JJ., joined. BLACKMUN, J., filed a statement concurring in the result, post, p. 230. DOUGLAS, J., filed a dissenting opinion, in which BRENNAN, J., joined, post, p. 230.

Robert G. Bowers argued the cause and filed a brief for petitioner.

Christine Y. Denson, Assistant Attorney General of North Carolina, argued the cause for respondent. With her on the brief was Robert Morgan, Attorney General.

Notes