Idaho v. Singh
Annotate this CaseDefendant-appellant Diwakar Singh was convicted for felony domestic violence. Prior to Singh’s trial, the State identified an error in the preliminary hearing transcript. The district court, citing its inherent authority to correct errors in the record, corrected the transcript after listening to the official recording of the preliminary hearing. Singh appealed the district court’s decision to correct the transcript and admit the correction as an exhibit at his trial. "Singh has not explained, nor can we perceive, why the magistrate court would be in a better position to correct the patent error in this case, which is clearly evident from the official audio recording of the proceeding. Under the circumstances here, where the district court listened to the official recording of the preliminary hearing and there is no genuine dispute between the parties as to what was said on that recording, it would add expense and delay to the criminal process to require remand to the magistrate court so that it could listen to the same audio recording a second time before the transcript could be corrected." The Idaho Supreme Court concluded the district court did not err in correcting the patent error in the preliminary hearing transcript.
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