Search Supreme Court Cases

BRITT V. NORTH CAROLINA, 404 U. S. 226 (1971)

U.S. Supreme Court

Britt v. North Carolina, 404 U.S. 226 (1971)

Britt v. North Carolina

No. 70-5041

Argued October 14, 1971

Decided December 13, 1971

404 U.S. 226


Petitioner was convicted of murder a month after his previous trial had ended with a hung jury. Both trials took place in a small town before the same judge and with the same counsel and court reporter, who (as was conceded) was well known to defense counsel and other local lawyers and would have read back his notes to defense counsel before the second trial had he been asked to do so. Between the two trials petitioner, alleging indigency, filed a motion for a free transcript, which the trial court denied. The appellate court affirmed the conviction, holding that an adequate alternative to the transcript was available.

Held: In the narrow circumstances of this case, a transcript was not needed for petitioner' defense. Pp. 227-230.

8 N.C.App. 262, 174 S.E.2d 69, affirmed.

MARSHALL, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART and WHITE, JJ. joined. BLACKMUN, J., filed a statement concurring in the result, post, p. 404 U. S. 230. DOUGLAS, J., filed a dissenting opinion, in which BRENNAN, J., joined, post, p. 404 U. S. 230.

Powered by Justia US Supreme Court Center: BRITT V. NORTH CAROLINA, 404 U. S. 226 (1971)

Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.