Freeman v. United States

The majority holds that the reconstructed record in this case, which consists primarily of the trial judge’s notes of the trial witnesses’ testimony, is sufficient to protect Gary Freeman’s right to appeal. As the government acknowledges, however, we have no record of the jury selection, the opening statements, and the closing arguments in this case.1 Contrary to the majority’s conclusions that “the reconstructed record would have adequately permitted appellate counsel an opportunity to review substantial and crucial portions of the trial for any error,” and that “no omitted transcripts or…