In Commonwealth v. Flint, the Supreme Judicial Court of Massachusetts affirmed the lower court's judgments denying the defendant, Mark Carl Flint, his motion for a new trial. The SJC held that the trial judge properly conducted an evidentiary hearing to reconstruct the record from trial, as enumerated in Commonwealth v. Harris, 376 Mass. 74 (1978). The defendant had argued that he was denied his constitutional rights of due process, equal protection, and effective assistance of counsel because of the absence of a complete transcript of his trial. The guidelines in Harris state that "if the proceedings at trial can be sufficiently reconstructed and presented to the appellate court, a new trial is not constitutionally required when the transcript is not available through no fault of the parties."
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