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Maryland Criminal Defense: Can My Conviction Be Overturned Because of a Court Reporter’s Error?


Yes, although the circumstances will be rare where a court reporter’s error would justify overturning a conviction. This recently happened in the Maryland unreported case of Christian v. State (Md. Appellate Court 2024). In Christian, the court reporter in question inaccurately transcribed one of the jury instructions, cutting and pasting into the transcript a jury instruction from a different criminal case. The trial court attempted to correct the error, but on appeal, the Maryland Court of Appeals decided that the mistake was large enough to justify overturning a 2007 murder conviction and granting Christian a new trial. The court stated that accurate transcription “… is a foundational principle of our justice system. Every litigant and the public expect and deserve no less.”

The case demonstrates the importance of the accuracy of the court reporters involved in Maryland criminal cases. The case also illustrates why it is so important to have supremely talented Maryland criminal defense attorneys assisting in your legal defense. There are so many possible arguments that can be used to avoid a conviction or win an appeal. A court reporting error is a very obscure possible defense or basis for appeal. And yet, in the Christian case, it succeeded. If you have been charged with a crime in Maryland, you want a criminal defense team that will consider even the most obscure possible defenses or grounds for appeal. If you have been charged, call the Maryland criminal defense attorneys at the Law Office of Robert Castro. Call us at (301) 705-5137. We are available around the clock, 24/7, and have offices in Waldorf, Maryland. Below is some additional information about court reporters and Maryland criminal procedure.

What are court reporters and why are they important?

In Maryland criminal trials, a court reporter is a person who transcribes what is said during a court proceeding into written text. This allows a transcript to be prepared that sets out what was said and happened during the proceeding. A court reporter is often an official court officer — that is, hired and employed by the court. But, just as often, a court reporter is employed by a private court reporting service, and they appear at various civil and criminal court proceedings and depositions. Court reporters are among the various persons generally seen at the front of the courtroom, along with the judge, Deputy Sheriff, and the judge’s clerk. Court reporters use various technologies such as stenotype machines, audio recording devices, and computer programming to render the oral testimony/statements into transcript form.

Court reporters play a crucial role because the transcripts form the core of the “Official Record.” The Official Record is, in turn, the core of any appeal that is taken to the Maryland Court of Appeals (or higher). An appellate court does not hear or see new testimony. Rather, an appellate court makes its decisions by reading the transcripts.

From this, it can be seen that transcript accuracy is crucial.

Note that not all transcription errors will be important and that various efforts can be made to correct any errors. As the Christian case shows, errors involving jury instructions will be deemed important errors and can be a possible basis for overturning a conviction.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 705-5137. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.

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