# United States v. Lorenzo Pulido

> Court of Appeals for the Fifth Circuit · July 27, 1989 · 879 F.2d 1255

URL: https://www.frixlaw.com/law-library/cases/9479279

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Lorenzo PULIDO, Defendant-Appellant
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** July 27, 1989
- **Citations:** 879 F.2d 1255; 1989 U.S. App. LEXIS 11970; 1989 WL 82389
- **Precedential status:** Published
- **Opinion:** Concurrence by Clark
- **Judges:** Clark, Johnson, Smith
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9479279

## Opinion text

CLARK, Chief Judge,
concurring:
I concur in Judge Smith’s opinion for the court. I write only to express my preference for an analysis which would be directly based on the constitutional value involved — equal protection. The indigent defendant is entitled to a transcript anytime a person with financial means would obtain one. Considerations of cost to the government do not control, nor can denial of the request be predicated on lack of need or necessity. The clear implication of such a process of analysis in the mistrial/retrial situation is that almost every request should be granted. This is what the case law of the Supreme Court and this court bear out. It is difficult to conceive of a situation in which a litigant with means would not want an exact reproduction of the prior proceeding to aid in tracking prior testimony and procedural developments in preparation for and during the retrial.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9479279. Public record. Not legal advice.