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· 11/6/1891

Fulmore v. McGeorge

Citations

  • 91 Cal. 611
  • 28 P. 92
  • 1891 Cal. LEXIS 1143

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that efforts to recreate a trial transcript may require calling individuals who were present for the trial to testify at the record reconstruction hearing
  • recognizing a rebuttable presumption that a trial court follows the law
  • reversing denial of defendant’s motion for new trial where record showed that the trial court erred by finding that the State’s re-creation of a trial transcript under OCGA § 5-6-41 was complete
  • “An appellant is entitled to a complete and correct transcript, one that discloses what transpired in the trial court not only truly but fully.” (Citation and punctuation omitted.)
  • appellant timely moved for a new trial, but the entire trial transcript was destroyed in a fire at the court reporter's house
  • “We do not normally assume that an error occurred during a mere gap in a trial transcript. On the contrary, we presume that a trial court followed the law” unless rebutted by the record.

Source: CourtListener parenthetical corpus (CC0).

Judges: Vanclief

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.