Are transcripts of testimony necessary for a criminal appeal?

Yes, transcripts of testimony are necessary for a criminal appeal in Virginia. This is because the appeals court reviews the evidence and testimony provided at the trial in order to make its decision. The appeals court is limited to the evidence and transcripts that were presented at the trial, and the transcripts are the best way to ensure that the appeals court is looking at the exact same information that the trial court did. The transcripts also provide a record of the proceedings in case any question or discrepancy arises surrounding the evidence or witnesses that were presented. By having the transcripts, the appeals court can review and verify any potentially conflicting evidence or testimony to ensure that the trial court made its decision based on the facts that were presented. In Virginia, a court reporter or recording device must be present at the trial, and those transcripts must be provided as part of the criminal appeal process. If the trial court failed to have a court reporter or recording device present, the appeals court may still be able to consider the appeal if the attorney that represented the appellant (the party that is seeking the appeal) was present during the trial. In this scenario, the attorney can provide a transcript of testimony and other documents to the appeals court to show that a proper and fair trial was conducted.

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