Defense calls alleged pretrial "stipulation" a "phantom stipulation," flags missing transcript
Pat McNally told the panel he could not find a May 20 pretrial transcript that had been relied on at trial and filed a supplemental record; he said reliance on an alleged stipulation muddled the record and undercuts the trial court's later findings.
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During rebuttal, Pat McNally told the court he had located and filed a missing May 20 transcript that he said the trial judge had apparently relied upon when describing a pretrial agreement. "It's a phantom stipulation," McNally said, arguing the record did not contain the stipulation the trial judge referenced and that reliance on notes or an absent transcript created confusion.
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