{
  "id": 4754958,
  "name": "STATE OF NORTH CAROLINA v. TERRY ORLANDO REID",
  "name_abbreviation": "State v. Reid",
  "decision_date": "1984-11-06",
  "docket_number": "No. 209A84",
  "first_page": "322",
  "last_page": "324",
  "citations": [
    {
      "type": "official",
      "cite": "312 N.C. 322"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "235 S.E. 2d 274",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1977,
      "opinion_index": 0
    },
    {
      "cite": "33 N.C. App. 317",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8549514
      ],
      "year": 1977,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/33/0317-01"
      ]
    },
    {
      "cite": "295 S.E. 2d 416",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1982,
      "opinion_index": 0
    },
    {
      "cite": "306 N.C. 712",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8573565
      ],
      "year": 1982,
      "opinion_index": 0,
      "case_paths": [
        "/nc/306/0712-01"
      ]
    },
    {
      "cite": "404 U.S. 226",
      "category": "reporters:federal",
      "reporter": "U.S.",
      "case_ids": [
        6171947
      ],
      "year": 1971,
      "opinion_index": 0,
      "case_paths": [
        "/us/404/0226-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 195,
    "char_count": 3147,
    "ocr_confidence": 0.809,
    "pagerank": {
      "raw": 1.541777053617447e-07,
      "percentile": 0.6730220564982746
    },
    "sha256": "22e958e7b5f50628ce47d356714a8c20503906c69561e929d22a79cffb8e506c",
    "simhash": "1:82aae4e3479260fc",
    "word_count": 521
  },
  "last_updated": "2023-07-14T18:10:57.145273+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE OF NORTH CAROLINA v. TERRY ORLANDO REID"
    ],
    "opinions": [
      {
        "text": "PER CURIAM.\nDefendant was first tried at the 7 November 1983 Session of Forsyth Superior Court before Judge James Long. The proceedings ended in a mistrial when the jury was unable to agree on a verdict. Defendant, an indigent, then moved that he be provided with a transcript of this trial. Judge Long allowed the motion.\nAt the 28 November 1983 Session of Forsyth Superior Court defendant moved again that he be given a transcript of the first trial before being tried again. He advised the court of Judge Long\u2019s order that he be provided a transcript of the first trial; that no transcript had yet been provided; and that he needed the transcript \u201cto effectively cross-examine the State\u2019s witnesses at this time.\u201d The court reporter for the first trial advised the court that she had not had time to prepare the transcript \u201csince it\u2019s only been two weeks\u201d since the first trial but that she could have the transcript prepared in two more weeks. Whereupon the court denied defendant\u2019s motion without evidence or findings that defendant had no need for a transcript or that there was available to defendant a substantially equivalent alternative. The trial proceeded without defendant\u2019s having been furnished a transcript of the first trial.\nUnder these circumstances, requiring defendant to be retried without providing him with a transcript of his first trial is error entitling defendant to a new trial. Britt v. North Carolina, 404 U.S. 226 (1971); State v. Rankin, 306 N.C. 712, 295 S.E. 2d 416 (1982); State v. McNeill, 33 N.C. App. 317, 235 S.E. 2d 274 (1977).\nNew trial.",
        "type": "majority",
        "author": "PER CURIAM."
      }
    ],
    "attorneys": [
      "Rufus L. Edmisten, Attorney General, by Guy A. Hamlin, Assistant Attorney General, for the State.",
      "Michael R. Greeson, Jr., for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. TERRY ORLANDO REID\nNo. 209A84\n(Filed 6 November 1984)\nCriminal Law g 40.2\u2014 retrial of indigent defendant \u2014 failure to provide transcript of first trial\nThe retrial of an indigent defendant on rape, burglary and larceny charges without providing him with a transcript of his original trial was error entitling him to a new trial where defendant\u2019s first trial ended in a mistrial when the jury was unable to agree; the trial judge allowed defendant\u2019s motion for a transcript of his trial; defendant again moved prior to a second trial that he be given a transcript of his first trial before being retried; the court reporter advised the court that she had not had time to prepare the transcript; and the court then denied defendant\u2019s motion without evidence or findings that defendant had no need for a transcript or that there was available to defendant a substantially equivalent alternative.\nAppeal by defendant from judgments of Judge Hamilton Hob good entered at the 28 November 1983 Session of FORSYTH Superior Court and imposing sentences of life imprisonment upon defendant\u2019s convictions by a jury of first degree rape and first degree burglary. Defendant\u2019s motion that a judgment of ten years\u2019 imprisonment upon his conviction of felonious larceny, a case joined for trial with the rape and burglary cases, be reviewed before determination by the Court of Appeals was earlier allowed.\nRufus L. Edmisten, Attorney General, by Guy A. Hamlin, Assistant Attorney General, for the State.\nMichael R. Greeson, Jr., for defendant appellant."
  },
  "file_name": "0322-01",
  "first_page_order": 352,
  "last_page_order": 354
}
