Gadd v. Commonwealth

Full title: OWEN RAY GADD APPELLANT v. COMMONWEALTH OF KENTUCKY APPELLEE

Court: Commonwealth of Kentucky Court of Appeals

Date published: Jan 23, 2015

NO. 2013-CA-002061-MR (Ky. Ct. App. Jan. 23, 2015)

Opinion

NO. 2013-CA-002061-MR

01-23-2015

OWEN RAY GADD APPELLANT v. COMMONWEALTH OF KENTUCKY APPELLEE

BRIEF FOR APPELLANT: Owen Ray Gadd, Pro se LaGrange, KY BRIEF FOR APPELLEE: Jack Conway Attorney General David W. Barr Assistant Attorney General Frankfort, KY

COMBS, JUDGE

NOT TO BE PUBLISHED APPEAL FROM GARRARD CIRCUIT COURT
HONORABLE C.HUNTER DAUGHERTY, JUDGE
ACTION NO. 04-CR-00041
OPINION
AFFIRMING
BEFORE: COMBS, NICKELL, AND TAYLOR, JUDGES. COMBS, JUDGE: Owen Gadd appeals the order of the Garrard Circuit Court pertaining to his demand for records of his trial. After our review, we affirm.

This is a rather unusual case. Gadd filed numerous requests with the Garrard Circuit Court seeking a video or audio recording of his trial, which took place August 15-16, 2005. The record includes a full written transcript of the trial.

On November 4, 2013, Gadd filed a motion asking for all recordings of his trial and the name of the court reporter who produced the transcript. On November 13, 2013, the trial court entered an order as follows: "As indicated on the transcript, the Court Reporter was Lisa Arnold. A copy of the front page of the transcript is attached. This court has no other records to send to the Defendant." Gadd appealed this order.

There is no indication in the record that audio or video recordings of the trial exist. Gadd points out that there is a cassette tape labeled "Owen Gadd - Trial Tape." However, it is an exhibit of his interview with police during their investigation. There are video recordings of various hearings associated with the case. It appears that the circuit court has provided a complete record. In addition, the court otherwise affirmatively responded to Gadd's motion to obtain the name of the court reporter. Therefore, we are unable to discern any grounds to support vacating the order of the trial court.

We affirm the Garrard Circuit Court.

ALL CONCUR. BRIEF FOR APPELLANT: Owen Ray Gadd, Pro se
LaGrange, KY
BRIEF FOR APPELLEE: Jack Conway
Attorney General
David W. Barr
Assistant Attorney General
Frankfort, KY