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IN THE CIRCUIT COURT OF _______ COUNTY, ________ NAME OF PLAINTIFF ) )) V. ) NO. )) NAME OF DEFENDANT ) )) MOTION FOR COMPLETE RECORDATION FOR A TRANSCRIPT OF ALL PRE-TRIAL PROCEEDINGS AND FOR A DAILY TRANSCRIPT OF SPECIFIED PORTIONS OF THE EVIDENCE COMES NOW, ______________, by counsel, and moves this Court pursuant to the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution, and Article __, Sections _________ of the ________ Constitution to assure complete recordation of all the proceedings against him, for a transcript of all pre-trial proceedings against him, prepared prior to his trial, and for a daily transcript of specified portions of the trial proceedings. In support of his motion _____________ states as follows: It should need no reiteration that a complete record should be made in a capital case. This record should include, but not be limited to: a. a complete transcript of all pre-trial proceedings (with the sole exception of telephone calls reasonably necessary to the establishment of an agenda); b. all bench conferences; c. all discussions of any sort concerning the case which are held in chambers with or without one or more of the counsel in the case; d. all objections and rulings thereon;
And e. All statements made in this court of any matter, except for the final statement made on appeal in any cause which, at least twenty-four hours before any statement is made on appeal, is submitted to this court, so that it may be held at a time that may be convenient. All records in this court should be maintained at any reasonable cost and, in particular, this court should maintain a comprehensive record of all actions in which any of its judges have taken part or have been heard upon the case, including all court or tribunal motions, briefs and decisions, including the record of the trial before the judge, and should make such records available upon request or with payment of reasonable fees for such copies or prints. 2. Defendant also moved that evidence or portions of evidence presented at the preliminary hearing be excluded on the grounds that the court erred in excluding such evidence. Defendant's motion to exclude evidence and to modify the subpoena for Mr. Hanks and mr. Avila as follows: it is objected respectfully this court erred by: a. (1) excluding Mr. Hanks and mr. Avila from the hearing of the issue of fact; (2) denying Mr. Hanks and mr. Avila's appearance at that hearing. The order denying Mr. Hanks and mr. Avila's entry into the hearing was obtained pursuant to his refusal to sign an agreement, which he had previously signed with counsel, to stipulate to submit himself and the defense for trial before a jury. The trial of this case was set for the day after the order denying their entry into the hearing and trial and was postponed until this court heard their objection to the admission of evidence or portions of evidence. This court should have afforded the defense a chance to present objections to this exclusion to the issues of fact, as to whom, where, and under what circumstances. The court should not have proceeded with the hearing or hearing in such a rushed and haphazard fashion without a reasonable opportunity for all parties to conduct their defenses to the issues of fact, including such objections as might be raised by the defense. We further conclude the trial court erred in refusing to permit counsel to file the stipulation in open court which he had signed and submitted to this court. It was his intention in submitting the stipulation that, in due form, the defense should submit the stipulation to this court. He should have been afforded an opportunity to do that by the trial court and any subsequent hearing thereof. The court should have considered.