MOTION FOR TRANSCRIPTION OF PROCEEDINGS

Comes now Defendant/Appellant, * * *, by and through his undersigned attorney, and moves this Honorable Court to grant this motion requesting the transcription of certain proceedings in the trial of the above-styled case for purposes of appealing his conviction herein. As grounds in support thereof, Appellant states the following:

1. That the attorney who represented Appellant at trial herein,*, is no longer with the Office of the Federal Public Defender.

2. That the undersigned has assumed responsibility for the appeal herein.

3. That in order to effectively argue this case before the appellate court, the undersigned needs a transcription of the following trial court proceedings: the November 21, 1994 voir dire and opening statements, the November 22, 1994 jury instruction conference, and the November 23, 1994 closing arguments and jury instructions.

4. That it is imperative for the undersigned, who has no firsthand knowledge of the trial in this case, to have the benefit of reviewing these transcripts in order to effectively represent Appellant in this appeal.

5. That the undersigned prepared the appropriate appeal information sheet and CJA-24 form requesting transcription of the above-referenced proceedings. In June of 1995, the court reporter returned the gold copy of the appeal information sheet to the undersigned indicating that the transcript would be completed approximately thirty days from receipt of the approved CJA-24 form. The CJA-24 form was filed with the district court clerks office. On a couple of occasions the undersigned has been advised that. despite the delay, she had done all she was required to do in order to seek the transcription of these proceedings. However, recently, when the court reporter was contacted to find out what was taking so long in the transcription, she advised that she thought the CJA-24 request had been denied by the district court. The undersigned received no such order and no copy of the CJA-24 indicating that the request had been denied. Upon contacting the Clerk of Court for the Middle District of Florida in Tampa and the Clerk of Court for the Eleventh Circuit Court of Appeals, it was learned that no order and no CJA-24 form denying the request had been filed in those courts either. The undersigned has been unable to learn of the whereabouts of the CJA-24 form. Therefore, another CJA-24 form has been prepared and is being filed simultaneously herewith. A copy of this form is attached hereto an exhibit.

WHEREFORE, Appellant, * * *, moves this Honorable Court to enter its Order authorizing the transcription of the voir dire, the opening statements, the jury instruction conference, the closing arguments, and the final jury charge as took place during the trial in the instant case.

Respectfully submitted this 4th day of October, 1995.

C:\wwwfpd\transcri.wpd